Once a trademark registration application is submitted and examined by a Trademark Officer, a trademark examination report is sent to the trademark applicant or person authorised by the trademark applicant. The trademark examination report is also put up on the trademark office website along with details of the trademark application. The applicant or the authorised agent then has a chance to submit a reply to the trademark examination report with a rebuttal, if there is an objection by the trademark examiner. The response is then considered and if the objections can be waived on the basis of the applicant’s response, the trademark application is accepted for registration and the trademark is published in the trademark journal.
Analyse the examination report The first step is to analyse the examination report and to determine the reason for the objection raised.
Next step is to prepare an objection reply mentioning proper answer to the objection raised with supporting rule of law and judgments supporting the case, along with other supporting documents and evidence that validates the response.
The reply to Examination Report has to be filed within 30 days of the examination report with supporting documents. Also, the reply to trademark examination report should be drafted with legal expertise referring to decided cases on similar matters and judgements by tribunals / courts / international references.
In case the reply is not filed within 30 days of the report, the application will be declared as abandoned. Applicant can request the registrar to extend the time limit of 30 days by filing the application TM-M electronically through the trademark agent with a valid reason for the delay in filing the reply. If the reply to the examination report is to be filed through a different trademark agent, a fresh Power of Attorney is also required. Applicant can file an application for an extension of time for filing a reply in Form TM-M with the requisite Fee (Rs. 900.00).
As a proof of Identity: