Trademark Registration is the filing of application for registering the word mark or logo of the business. After filing of Trademark application, the Trademark Registrar would process the application and release an Examination report.
In case Trademark Registrar issues any objection, then the applicant needs to file a counter reply within 30 days of objection. The reply to Trademark Registrar should contain the detailed reasoning, facts and evidence as to why the application should be approved in favour of applicant. If the Trademark Registrar finds the reply appropriate, the application would be allowed to be publish in the Trademark Journal.
Ground of Objections are defined under section 9 of the Trademark Act, 1999 which is as under that Trademark:
Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.
Ground of Objections are defined under section 11 of the Trademark Act, 1999 which is as under that:
A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark. So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.
Once the application for Trademark registration has been filed it will be examined by the Trademark Registration that the application is complete in all respects. He will examine the application by keeping in mind that all the requirements mentioned in the Act has been complied.In case the application is complete in all respect the examiner will approve the application by publishing the same Trademark Journal.In case the application is found to be similar or incomplete in any other manner the same will be informed by the examiner to the applicant by Examination Report.
An examination report can also be issued if the trademark is similar to or identical to any other Trademark registered already.An opportunity of being heard is given for filing the reply objections or concerns raised by the Examiner. The revert or reply to the examination report has to be filed within 30days of date of examination report otherwise the application will get abandoned.
If the reply to the examination is not filed the application will get abandoned.
The hearing has to be attended through physical presence of the applicant or his attorney
Digital Signatures are only required for filing the initial application and not for filing the reply.
Yes, till the status of the application is not updated to abandoned.
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