TM Objected examination reply fees

TM Objected examination reply fees
Trademark Office,  Examiners generate the examination/Objection report for 2 important reasons.

1) If the trademark application, it seems to be violating Section 9,  Absolute Ground for Refusal or

2) If there are conflicting marks reported which may violate Section 11 of the Act.

3) Additionally, The Examiner may also place  Objections/Requirements/Conditions/Restrictions, and Associated Trademark Conditions.

Generally, though the examination report is generated by the Trademark Office, Prosecution team places the examination report online immediately, but they normally despatch the report to the Attorney and the Applicant by post, without any fixed time limit.  However, the report is immediately recorded into the online database. As such, as per the Rules,

Hence, the above application is liable to be refused. Accordingly, you are requested to submit your response/submissions, if any, along with supporting documents, within One Month from the date of receipt of this Examination Report or you may apply for a hearing

Now the Trademark Office has streamlined the examination report, reporting process would be reported only by email, henceforth, physical letters may not be sent by post.  Therefore, once the email is received, within 30 days from the date of receiving the email receipt. the reply has to be filed in future.

Normally, your attorney/agent may not charge a fee for the examination reply, since he would have charged you upfront. In case you are changing your attorney or the agent, you may have to bear charges for Power of Attorney and Documentation Charges, which might vary from Rs1000/- to Rs.2000/- for filing examination reply online.

General format of Objection:-

Gentlemen/Madam,

     The above-mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade Mark Rules,2002 and the trade mark applied for is open to objection under the following sections :

1.   The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.The detail of same/similar trade marks is enclosed herewith

        The objection is raised under S 11 (1) of the Trade Marks Act, 1999, as the mark is identical with or similar to earlier marks in respect of identical or similar description of goods or services and because of such identity or similarity there exists a likelihood of confusion on the part of the public.

         Hence, the above application is liable to be refused. Accordingly, you are requested to submit your response/submissions, if any, along with supporting documents, within One Month from the date of receipt of this Examination Report or you may apply for a hearing.

 Please Note that if no reply is received or a request for a hearing is applied for within the above-mentioned stipulated time, the said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and thereafter the status of application in the computer database shall reflect the factual position

           Note: The reply should be submitted online through Comprehensive eFiling services or through email at parm.tmr@nic.in. With the subject of REPLY TO EXAMINATION REPORT.

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