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Reply for TM Application Online

It is the Process which is to be done when application of Trademark is objected by examiner or by third party/Public in public interest.

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How to Reply for TM Application?
Tax my Tax helps you in filing your Trademark Objection reply in three ways
Step 1: Understanding and getting docs

Our Team member helps you to understand the complete concept and the documents required to be submited

Submission of requisite documents

Submit the required docs and afterwards we draft your Reply of Trademark objection according to the objects raised.

File the Reply and tracking

We file the Reply of Trademark Objection and track your status of Trademark.

Trademark Objection

After filing an application for trademark registration , the trademark officials specifically trademark examiners, analyse the application and the mark and carry out their own search. After conducting their search they write down their opinions about the mark, mainly point out the reasons why the applied mark shall not be registered. All these objections along with relevant trademark provisions are stated in Trademark Examination Report. These objections must be replied by the applicant within 1 month from the date of receipt of the examination report. This reply is generally known as trademark examination reply .Moreover, If a legal reply is not filed within the time , the trademark registry may cancel the trademark application and update the status of the application as Abandoned.

Grounds of refusal of Trademark Application

Common reasons of Trademark Objection
  • Objection of Section 9 – Trademark is descriptive or general in Nature
  • Objection of Section 11 – Similar trademarks are available in TM Database
  • Incorrect TM form used
  • Description in the TM-1 is not as per WIPO
  • Address in the TM application is incorrect
  • TM-48 or POA is not filed with the TM-1 form
  • Applicant name is not correct

Points included in Reply

Pints included while file trademark objection reply
  • Systematically answer to the objections being raised by the registrar;
  • Next, attach the supporting case laws to support your reply of the trademark office; Supporting documents to prove the uniqueness of your trademark;
  • An affidavit shall be filed along with the reply, which shows that the trademark is unique and is associated with the goods and services.

Objection raised by Third Party/Public in Public Interest

When the Trademarkmark is published in the Trademark Journal, the Third party/ Public get a chance to raise the objection in the interest of public.
  • On the objection, the applicant should file a counter statement;
  • The counter must be filed within the date of  2 months of receiving the objection notice of objection;
  • If the applicant is failed to file the objection within 2 months, the status of the application to Abandoned.
  • On counter filing, the registrar will call both the parties for hearing. After this, the registrar will rule based on the submission. If the rule is based on the submission of the applicant, then his trademark will be registered. In the case where the rule favours the opposing party, trademark will be removed, and the application of applicant will be rejected.
  • Further, the applicant has the right to file an appeal to the Intellectual Property Appellate Board (IPAB),appeal m ust be filed within 3 months of the order given by the registrar.

Why Tax my Tax

We help you to file your Reply on Trademark Objection  with complete online support. You need not to step outside your home and we guide you to enter into the business world hasselfree. At Tax My Tax , our team helps you to understand the concept and documentation require to file the form. 
  • Documentation as per Act
  • Professional Assistance
  • Dedicated Team
  • Drafting your Reply
  • Tracking your Reply status
  • Time required: 3-4 working days
  • 100% Online Process

 
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