Trademark Objection / Trademark Hearing Price - 2999/- + Govt. Fee Extra Book Now

Once trademark application filed, then trademark examiner examines the trademark and submits his / her examination report containing objections under provisions of trademark act and rules.

Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He / She gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. This is Trademark objection reply. 

From the date of objection, there is one month time to file reply with explanation, along-with supporting documents. There are two sections under which most of the objections come in picture

1. Section 9 (1)(a) (as such it is not capable of distinguishing the goods or services of one person from those of others)
2. Section 9 (1)(b) (as the mark consists exclusively of words or indications which may serve in trade to designate the intended purpose of the service or other characteristics of the service)
3. Section 11(1) (the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services)

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 there after the status of application in the computer database shall reflect the factual position.

Trademark Hearing: Once trademark reply filed with the authority and still trademark examiner not satisfied with the submissions in the reply filed and ask for hearing at a mentioned date. Then trademark agent need to appear before the authority for his/her legal grounds for trademark registration.