Step by Step Procedure:
The following are the steps to file a response in the event of a trademark objection:
Step 1: Analyzing Trademark Objection
The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response
Step 2: Drafting Of Trademark Objection Response
The next step is to draft a trademark reply which should include the following:
- A proper answer to the objection raised, with supporting rule of law and precedents and judgments supporting the case
- The differences between the conflicting mark and the mark of the applicant.
- Other supporting documents and evidence that validates the response
- An affidavit stating the usage of the trademark in the applicant’s website and social media channels; advertisement in the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same
- The response draft is then filed online on the Trademark e-filing portal
Step 3: Trademark Hearing
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice
Step 4: Publication in the Trademark Journal
If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal
In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed
Step 5: Registration
Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law
