Trademark Examination and Trademark Objection Reply- India

After filing an application for trademark registration in India, the trademark examiner examines the application and the mark to determine if it is registrable under the Trade Marks Act, 1999 and the Trademark Rules, 2017. The examiner checks whether the mark is distinctive and does not conflict with any prior registered or pending trademarks. The examiner may also raise objections, if any, related to the application or the mark. The examination process typically takes 6-12 months from the date of filing the application.

Trademark Examination Report in India

After conducting the examination, the trademark examiners issue a report as to whether the trademark is accepted or list out the objections pointing out why the mark is objected for registration. All these objections along with relevant trademark provisions are stated in Trademark Examination Report.

Objections of Trademark in India

Trademark Objections or trademark objection reasons that can be raised by the Examiner are:

·         Relative Grounds of Objection of trademark application in India: The relative grounds for refusal of a trademark are provided under Section 11 of the Trademark Act, 1999. A trademark is refused registration under this category if the trademark is:

Ø  Similar or identical to an earlier trademark for the same or similar goods/ services.

Ø  Similar or identical to an earlier trademark in respect of different goods/ services.

·         Absolute Grounds of Objection of trademark application in India: Section 9 of the Trademark Act, 1999 provides for the absolute grounds for refusal of a trademark. A trademark is refused registration under this category if the trademark is:

Ø  Devoid of any distinctive character.

Ø  Consists exclusively of the marks or indications which may serve in the trade to designate the kind, quality, quantity, intended purpose, values, geographical origins or the time of productions of the foods or rendering of the service or other characteristics of the goods or services.

Trademark Objection Reply in India

The reply to trademark objection in India is known as a trademark objection reply or response to examination report. The reply must be filed within one month from the date of issuance of the examination report. The applicant may also request an extension of time for filing the reply, which may be granted at the discretion of the Registrar upon payment of the prescribed fee. If the applicant fails to file a response to the examination report within the specified time or extended time, the trademark application may be deemed abandoned.

Cost of Extension of Time to File Examination Report Reply in India

The cost of Extension of time to file trademark objection fees in India is as follows:

·         For physically filing (non-online route)- INR 1,000

·         For online filing or e-filing – INR 900

Cost of Filing an Expedited Trademark Application in India

The Official fees for filing an expedited trademark application in India is as follows:

·         For Individuals, Start-Ups and Small Entity – Official Fee is INR 20,000

·         For Large entities – Official Fee is INR 40,000