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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 mark is an inventive word and fully capable of distinctiveness. However, in case your mark is objected on relative grounds, i.e., other marks are cited to which your mark is being compared and found similar, in such a case, you may check all those marks individually and find the dissimilarities present in your mark in comparison to the cited marks. The said dissimilarities may then be clearly mentioned in the reply so that the examiner is able to draw a distinction between different marks compared. Also, sometimes, there are certain common similarities in marks of a particular class, which is prevalent in almost all the marks compared and also in your mark. In such a case, you may convince the examiner by adding in your reply that since other marks carrying the same / similar words are also existing on the register of the trademark, then our mark containing the similar words shall also be registered on same grounds.

Thirdly, you may also add relevant judgements pertaining to the kind of objection as raised in your case, so that your case must be supported by law. This is one of the most important step and shall not be skipped in any case.

Fourthly, your reply may also incorporate all the cost and expenses that you have incurred towards the promotion and advertising your mark, and also the goodwill that has been attached to your mark till date.

Fifthly, you may keep in mind that the said reply has to be filed within a period of 30 days from receipt of the examiners report and in case the same is filed within time, no fees is required to be submitted with the same.

I hope I have clearly explained how to file a reply in case of an objection to the trademark. In case of any queries, you may write to us in the comment box.


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