Objection to trade mark application u/s 11(1) for similarity
Dharam Jeet
(Querist) 31 December 2018
This query is : Resolved
Dear Honorable Seniors and Experts
I have filed an application for registration of trademark on behalf of my client. Though I have filed the application after a thorough search on IPR web portal so that it should not be similar to any other registered trade mark. But when I got Examination Report from department of IPR, it was found to be similar to existing trademark. The department has asked me to file reply, else the application would be rejected. Please guide me in this matter. The client has also become worrisome.
Adv Shailendra Deshpande
(Expert) 01 January 2019
You better file your reply against query. You may get an opportunity to examine the earlier registered trademark and based on that you can file your reply. The reply should be drafted carefully with a view to satisfy the examiner against the objections raised b him. The reply to the examination report must be filed within 30 days of its receipt.
Based on facts and circumstances, you can state that your trademark mark is different than OR is in different class of good or service as compared to the earlier registered trademark, along with supporting evidence.
The Registrar have discretionary power to grant or refuse the application. But his final decision can be challenged in The IPR Appellate Board.
Dr J C Vashista
(Expert) 02 January 2019
It would be better to withdraw and refile your application under a different name, since the Registrar has objected after examination of his records.
Hemant Agarwal
(Expert) 20 February 2019
1. File Application for Adjournment in the matter, citing further investigation required from your side.
2. Immediately file RTI application u/s 2(f), requesting for documentations /applications for the other similar looking trade symbol /mark and analyse the same, before filing your reply.
Keep Smiling .... Hemant Agarwal
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