Trademark Examination and Trademark Objection Reply- India
After filing an application for trademark registration, the trademark examiner examines the application and the mark. This process is called trademark examination in India.
Trademark Objection Process in India
After an application is filed, the same is then examined by the Registrar in accordance with the provisions of Trademark Act, 1999. If an objection to registration of the mark is raised, an official examination report will normally be issued by the Registrar within 3 months to 6 months from the date of filing depending on the backlog of the Registry.
Trademark Objection in India– Status shown as “Objected”
The status is shown to be as “Objected” when the Examiner raises some objections regarding the registrability of the trademark.
Trademark Examination Report in India
After conducting the examination, the trademark examiners issue a report as to whether the trademark is accepted or list out the objections pointing out why the mark is objected for registration. All these objections along with relevant trademark provisions are stated in Trademark Examination Report.
Objections of Trademark in India
Trademark Objections or trademark objection reasons that can be raised by the Examiner are:
- Relative Grounds of Objection of trademark application in India: The relative grounds for refusal of a trademark are provided under Section 11 of the Trademark Act, 1999. A trademark is refused registration under this category if the trademark is:
- Similar or identical to an earlier trademark for the same or similar goods/ services.
- Similar or identical to an earlier trademark in respect of different goods/ services.
- Absolute Grounds of Objection of trademark application in India: Section 9 of the Trademark Act, 1999 provides for the absolute grounds for refusal of a trademark. A trademark is refused registration under this category if the trademark is:
- Devoid of any distinctive character.
- Consists exclusively of the marks or indications which may serve in the trade to designate the kind, quality, quantity, intended purpose, values, geographical origins or the time of productions of the foods or rendering of the service or other characteristics of the goods or services.
Trademark Objection Reply in India
The reply to trademark objection reply in India is known as trademark examination reply or response to office action. This reply has to be filed within 30 days from the receipt of the trademark examination report, failing which the trademark application may be treated as abandoned by the Trademark Registry. However, the time period of 30 days for filing examination report reply can be extended on payment of prescribed fee.
Cost of Extension of Time to File Examination Report Reply in India
The cost of Extension of time to file trademark objection fees in India is as follows:
- For physically filing (non-online route)- INR 1,000
- For online filing or e-filing – INR 900
Cost of Filing an Expedited Trademark Application in India
The Official fees for filing an expedited trademark application in India is as follows:
- For Individuals, Start-Ups and Small Entity – Official Fee is INR 20,000
- For Large entities – Official Fee is INR 40,000
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