Trademark Examination Report
Trademark Objection : The Trademark Registry examines a trademark application and issued a examination report in this regard which may have questions relate to resemblances with any existing trademarks , Defects in application, absences of supporting documents i.e. Power of attorney or user affidavit ( if applicable).
If mark is accepted during examination, the trademark registry will issue an acceptance order and publish this in trademark journal. However a trademark is rarely accepted without objections. If trademark is objected by the registrar than it should be properly responded by trademark agent/attorney with in a month’s time frame. Objections which can be raised are as such:
Objection raised U/S 11(1) of Trademark act, 1999:-
Objection which are raised under this section on the ground that the Trademark(s) which is/are applied for is similar to the trademark (s) that is already on the record of the registrar. Trademark may be similar in respect of goods or services provided by both of them, such identity or similarity may leads to confusion on the part of the public.
This is the most common objection which is cited in 90% trademark examination report.
Objections raised U/S 9(1) of Trademark act, 1999:-
Objections which are raised under this section on the ground that the trademark shall not be registered because it consists exclusively of, marks or indications which may serve in trade to designate the values , kind , geographical origin ,quality , quantity , intended purpose , or the time of production of goods or rendering of services or other characteristics of goods or service.
This objection generally seen for the marks which are essentially descriptive words. For example Accounts as a mark.
The reply to the examination report consists of objections are provided as such:-
- Point wise answer to the objections raised.
- Relevant case laws of the trademark matters should be quoted.
- Supporting documents to prove inherent or acquired distinctiveness.
A good IPR attorney should conducts a thorough search before applying for a trademark and if objections are raised even after due care than he should apply his mind carefully for reply to examination report in which objections are raised.
- New Rules For Trademark Registration 2018
- Reduction in the number of forms from 75 to 8 For Trademark Registration.
- Less time to register.
- Quick processing of Trademark Registration.
- A party is not entitled to ask for more than two adjournments, thus reducing the time for taking the final decisions and hence registration of trademarks.