Trademark Objection Reply Under Section 9

When a Trademark Application is filed for Registration, the Examiner can raise the Objection against the filed application under Section 9 or Section 11 of the Trademark Act, 1999. In this article, we will only talk about Section 9 which talks about the “Absolute grounds” for refusal of registration.

In any case of Trademark Objection, the Registrar of Trade Marks issues an Examination Report which depicts under which section the objection has been raised. The Registrar gives Applicant the option to submit REPLY TO EXAMINATION REPORT within 30 days’ time. The Registrar also gives an option to request for Hearing directly and skip the Reply Part.

However, as a general practice it is recommended to first file the detailed reply and if the same is not satisfactory to the Registrar they will give us an opportunity of being heard. If the Registrar of Trade Marks is satisfied with all the details and contention in the Reply to Examination Report or Hearing as the case may be then the trademark application will get published in the Trademark Journal and it will be open to the Third Party for Opposition for the time period of Four Months. However, where there is no opposition by the Third Party within the span four months, it becomes a case of Trademark Opposition. Where there is no Opposition, the trademark will get registered.

 

Absolute Grounds for refusal of Trademark Registration Under Section 9

 

  • If trademark doesn’t have any distinctive character and it is not capable of distinguishing the good and services from its competitors.
  • If it hurts the religious susceptibilities of any class or section of Indian citizens.
  • If it is prohibited under Emblems and Names.
  • If it contains scandalous and obscene matter.

 

How to check the status of Trademark Objection?

You can easily check the status online in 3 steps:

  1. Visit ipindiaonline.gov.in
  2. Head to https://ipindiaonline.gov.in/eregister/eregister.aspx
  1. Click on the first option
  1. You will find the option something like this
  1. Select National/IRDI Number and Feed the TM Application Number

What is Trademark Examination Report?

The Examination report issued by the Trademark Department contains the facts, issue and other relevant drafts for which objection is raised. The trademark examination report describes the details of the application for which objection has been raised and reply is required to be filled against it by the applicant.

The online procedure for filing the reply is as follows:

Step 1: Login to ipindiaonline.gov.in with user ID and password.

Step 2: Go on the option of new form and select the form MIS-R reply to the          examination report form.

Step 3: Type your application number for which objection is raised.

Step 4: Thereafter, the option to attach the reply drafted in pdf form and power of    attorney will come.

Step 5: Submit the reply with digital signature of attorney.

Step 6: After submission of the reply, the registrar will examine the response and   if he is satisfied then advertisement for the same will be made but if he is not satisfied then another chance for hearing will be provided. If the application will be accepted by the registrar, the objection will be waived off.

Step 7: When the application is accepted, the trademark will be published in the Journal. If refusal is made by the examiner, then a valid reason must be stated.

Step 8: When the mark is published in Journal, it is available to the public for scrutiny. If within four months no objection has been raised, then registration certificate will be provided to the registered holder but if incase the objection is made, hearing will take place as per the provisions and rules of the Act.

Conclusion

If you want to create a brand and give it a unique look, then registration of the trademark is the foremost importance. All the rules and provisions of the Act should be followed for registration as well as for the reply to the objection. If the reply is not filed within thirty days or the extended time, then the application will be marked as abandoned.

However, Trademark Registration is a rigid and legal procedure, and therefore it is recommended to hand it over to the professionals only. At Compliance Calendar LLP, we have a dedicated and skilled team who deal with trademark registration, filing of objection etc. If you have any doubt, feel free to reach out to us at info@ccoffice.in or connect at 9988424211.

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