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Showing posts from August, 2023

REPLY TO EXAMINERS REPORT IN TRADEMARK

INTRODUCTION   Hello friends, as already discussed in our earlier blog that after filing an application for trademark in India, it can be followed by a report of the examiner pertaining to the objections if any regarding acceptance/refusal of the particular mark. Today we shall discuss about the plausible deniability of the objections which might be raised by the examiners by filing detailed reply. HERE ARE SOME TIPS FOR DRAFTING A REPLY TO THE EXAMINERS REPORT    Firstly , Peruse the examiners report very carefully and analyze, on what grounds the particular mark has been objected. In other words, check whether the mark is objected on absolute grounds or on relative grounds.  Secondly , in case the mark is objected only on absolute ground, in such case, kindly check whether your mark is objected for want of distinctiveness or on account of being descriptive in nature. In both cases, you may draft the reply in such a way that the examiner is convinced that your ...

EXAMINERS REPORT IN TRADEMARK

INTRODUCTION  Hello Friends, today we will discuss on the kind of objections one might encounter while registering a trademark in India. The objections are usually communicated to the applicant through an examiners report. As very clear from the name itself, examiners report simply means the report which is prepared by the examiner once an application for registering a trademark is being filed. The said report contains different objections with regard to the registration of the said mark. The detailed analysis of objections that might be put forth by way of the examiners report is discussed below: TYPES OF  OBJECTIONS 1. ABSOLUTE   2. RELATIVE  Absolute Grounds of Refusal Such type of objection is taken when the applied trademark is incapable of distinguishing the goods or services of one person with those of another. In other words, such objection is taken when such mark does not contain any type of inherent distinctiveness of its own. This type of objection is...