Trade mark application status objected
rishabh surna
(Querist) 02 September 2016
This query is : Resolved
I would like to know how to proceed further for registration of the trade mark which has been objected by the registrar of trade mark and what remedies do we have once it has been objected.
EXAMINATION REPORT OF OUR TRADE MARK APPLICATION IS AS UNDER :::::::::::::---
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 marks-which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service
2. 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
Save as provided in Sec. 12, a trade mark shall not be registered if, because of-its identity with an earlier trade mark and similarity of goods or services covered by; the trade mark; orits similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,
Hence, the above application is liable to be refused. Accordingly, you are
requested to submit your response/submissions, if any, along-with supporting documents, with in 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 there after the status of application in the computer database shall reflect the factual position
S Raut (Forensic Expert : IFS)
(Expert) 03 September 2016
Contact your local trademark consultant / agent. He will file affidavit/ reply to raised objections.
Rajendra K Goyal
(Expert) 03 September 2016
All elated documents need to be referred, discuss and proceed as per advice from consultant in the field.
Kumar Doab
(Expert) 03 September 2016
Approach counsel specializing in Trade marks.
H.M.Patnaik
(Expert) 03 September 2016
Nothing more to add.
Guest
(Expert) 04 September 2016
Dear Rishabh Surana,
What is your product for which you want the trade mark and what distinction it has from the product from others already registered under the Act?
Better hire services of some trade mark speicalist attorney to help you reply the notice in time.
