Trademark Objection

Trademark Objection

When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report. The Trade Mark Registry usually uploads the Examination Report in the online records without any intimation to the applicant or its agent. Therefore, it is desirable to submit the response within one month upon knowledge of Examination Report being uploaded in the online records. In cases where the Examination Report is received from the Trade Mark Registry, it is important that the response is submitted within one month from the date of receipt of examination report. Otherwise, the trade mark application will be abandoned by the Trade Mark Registry due to lack of prosecution. When the trade mark is objected, it is imperative that effective arguments are put forth by submitting a suitable response to the examination report in order to overcome the objections. Once written submissions are made, the Registrar/Examiner either accepts the trade mark or posts a hearing for allowing arguments to be put forth in person. In most cases, objections can be overcome if properly represented before the Registrar.