Trademark exam report - how to reply
sa7124
(Querist) 07 September 2014
This query is : Resolved
sir/madam,
i want some caselaws relating to trademark- how to reply trademark exam report for section11,12 and 132 ?
exam report
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 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
Nitish Banka
(Expert) 07 September 2014
Will have to see the similar trademarks(whole report), yes there are many case laws, I can help you regarding this..
ABDUL RAZIQUE
(Expert) 08 September 2014
nothing more to add. But only advice you that take all step after proper verification.
shruti
(Expert) 08 September 2014
If you need help in drafting of reply, send me examination report on skshahlegal@yahoo.com
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
This is not a class room that you will be taught lessons, contact your teacher or friends.
