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Reply to Examination Report
Overview
Once a Trademark application is filed, then it goes through multiple checks, first it is sent to Vienna codification to check whether it is satisfying the conditions of Vienna protocol of Vienna agreement, further it is sent for formality check pass/fail wherein it is checked for any clerical errors, furthermore it is marked for examination wherein the Trademarks Examiner examines the application on varies procedural and legal checks. If the examiner is not satisfied with the application, then it might raise objection as “examination report” under certain circumstances given below. Reply to such examination report is it be done withing 30 days of the examination report, else it shall be marked as abandoned.
Common grounds of objections are:
- Under section 11(1) – Relative ground for refusal, wherein the examiner thinks the mark is identical to existing mark, similar nature of goods/service.
- Under section 9(1)(a) or 9(1)(b) – Absolute grounds for refusal, wherein the examiner thinks the mark is devoid of any distinctive character, not capable of distinguish character, the mark which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service, have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered.
- Incomplete documentation – When User Affidavit or Power of attorney is not attached or if attached, it is not notarized or are not legible in nature. When MSME certificate or Startup Certificate are missing (applicable only if filed as Startup or Small co.).
- Insufficient fee – When the fee paid is insufficient. For example, if the applicant applied as small co., but is not falling under definition or has not uploaded the Udyam Aadhaar then the registrar shall ask to pay the rest of fee. Another example, if the applicant has filed joint application and has paid the fee for only single application.
- Well known mark or Protection Granted – Wherein the mark is similar to a well-known or wherein protection is granted to the earlier filed, then it might come under objection.
- Use of image without permission – Wherein the mark contained image of a person and wherein NOC from that person has not been enclosed.
- Vague specification of goods – Wherein the goods description doesn’t match the class. The registrar shall ask to file TM-M to make changes in same.
- Other changes – Wherein the examiner feels so that the application requires some changes and should be corrected by way of filing TM-M.
Note: Above given objections are very common, however there are objections which over and above it. Please refer Trademarks Act, 1999 along with Trademarks Rules, 2017.
What is the Procedure for Filing reply to examination report?
The process of reply to Trademark examination report is both in online (via portal or via email) and/or offline mode. The government fee for the same is NIL. The reply is to be filed under Miscellaneous head form “Reply to examination report” on official IP India website through Agent/Attorney portal or through client portal or through email. Below is the detailed process.
Step 1: Study the Trademark objection
The very first step is to study the trademarks examination report and draw out a plan to resolve the same.
Step 2: File form TM-M to make any changes, only if required by the department.
This step is not mandatory. Sometimes department might ask to make changes in Trademarks application, by way of filing TM-M along with government fee of INR 900/-.
Step 3: Collect the documents, fulfil the requirements, if any.
Gather the required documents, user proofs, user affidavit, features proving distinctive character etc.
Step 4: Draft a basic reply
Draft a basic reply, attach the relevant documents.
Step 5: Add relevant Case laws in it
Add relevant case laws in the drafted reply to prove the distinctive character, whole character, artistic character, distinguish character etc.
Step 6: Finalize the reply, proof read and file the same.
Give the drafted reply a proof read. Finalize the same and file via portal.
Documents required for trademark registration.
GENERAL REQUIREMENT:
- Reply to Examination Report (To be drafted by Startup Sampark)
- Power of Attorney
SPECIAL REQUIREMENTS – FROM CASE TO CASE BASIS:
- User Affidavit along with User Proof
- No objection certificate
- Other document, from case to case basis.
Startup sampark procedure for patent registration
Reply to Trademarks examination is very detailed procedure, which requires keen knowledge, procedure and team of professionals. Each Trademarks reply to examination report has its tailored requirements. We at Startup Sampark have a full-fledged, dedicated team of professionals. You are required to fill the form and our expert will reach out to you, to know the exact requirement and gather information. Then our experts at STARTUP SAMPARK will be at your disposal for assisting you with guidance concerning Reply to examination report and its compliance. Our professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process. We will begin working on your request once all the information is provided, and the payment is received.
Why STARTUP SAMPARK?
Startup Sampark is one of the platforms which coordinates to fulfil all your Secretarial, Legal, Licensing and Taxation requirements and connect you to consistent professionals. Our team consist of Chartered Accountants, Company Secretaries, Cost Accountants, Advocates, Patent and Designs Agents, Trademarks & Copyright Attorneys.
We are a management consultancy and technology platform to simplify legal and business related matters. We are committed to help start-ups, small business owners and non-compliant businesses in solving their legal, secretarial and taxation compliance related to setting up and running the business smoothly and compliantly.
Our clients can also track the assignment progress at all times through a dedicated portal provided to you along with User Id and Password. You can comment and find the resolution and ask questions on the dedicated portal provided to you. If you have any questions about the Reply to examination report and its process, our experienced representatives are just a call away.
- Step 1: Fill the query form.
- Step 2: Our Expert will connect with you
- Step 3: Make payment through hassle free payment portal
- Step 4: Get confirmation on mail and receive User Login and password
- Step 5: Submission of documents with us on our client portal
- Step 6: Executive will process your application
- Step 7: Track progress of your order all the time on our client portal
- Step 8: Greetings, Order completed
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FAQs
When the examiner is not satisfied with the trademark application, then it may raise an objection as “examination report”. The applicant or its agent/attorney will receive an intimation from department and reply to same shall be uploaded within 30 days.
The department will email you or your agent/attorney the Examination report. The examination report can also be found on IP India’s trademark status portal.
In response to an objection received, our experts at Startup Sampark draft and file a reply within three working days.
No, there is no difference. Trademark objection and Examination report are used interchangeably.
In trademark objections, the examiner raises queries/remarks about the incomplete application or under Section 9 or 11 of the act, whereas in opposition, a third party contests the trademark’s credibility via filing Trademarks opposition.
There are two common grounds for raising trademark objections: absolute and relative grounds covered under section 9 and 11 of the act. However, the objection can be raised on other procedural, legal or clerical grounds.
If the reply is not filed timely, then the mark shall be moved to the status of “abandoned”.
If the examiner is not satisfied with the reply filed to examination report, then the same shall be marked for show cause hearing.
There is no government fee for same.
The applicant doesn’t need to be physically present. The applicant needs to provide power of attorney in the name of attorneys/agents of Startup Sampark and the rest shall be managed by us.