How to Reply to a Trademark Examination Report?

To win a competitive edge in this dynamic business ecosystem, protecting the identity of your brand is crucial. Having a trademark registered in India will allow you to gain complete authority to use your mark to promote your products and services in the course of trade. However, the registration process involves a lot of complex steps such as the issuance of online trademark objection. After filing their trademark applications, most people are confused about how to reply to trademark examination report. Hence, in this blog, we will cover the complex issue of how to file reply to trademark examination report in India. Moreover, we also give experts tips on sample reply to trademark examination report. 

What is reply to the trademark examination report?

During the trademark registration process, the trademark officer may issue a trademark examination report. As an applicant, it is your duty to reply to trademark examination report. A trademark examiner may issue an objection in the examination report on either of the following grounds: 

• Relative Grounds for Refusal of Trademark Objection;
• Trademark Objection under Section 9 of the trademark Act; and
• Errors in filing the application. 

How to File a Reply to Trademark Examination Report?

After understanding what a trademark objection reply is, you need to know how to file the reply. Thus, the following steps provide a guide on how to file a reply to trademark examination report in India: 

Understand the issues

Each trademark examination report that seeks a reply, will contain an issue raised by the examiner. As an applicant, it is your duty to  reply to the examination report within one month of its issuance. Hence, the first thing you need to do is obtain a clarity on the issues raised. 

Gather your documents and evidence

From all the documents required for trademark registration, the proof of usage of the mark always comes in handy when you are preparing the sample reply to the trademark examination report. Using these documents, you can eliminate the issues of non – distinctiveness or similarity between two marks, etc. 

Draft a sample reply to trademark examination report

After gathering all the documents, you need to draft the sample reply to the examination report. This sample will allow you to ponder upon any additional points that you can include. Once the sample reply is finalized, you can continue with the filing process. 

Submit the reply

The final step in filing the reply to the trademark examination report is to submit the finalized draft letter of reply to the registry. You can do this online by logging in to your profile and choosing to submit Miscellaneous form Mis-R. 

Monitor status

The registration process does not end once you submit the reply to the examination report. In fact, the submission becomes the basis of whether your trademark application will undergo the show cause hearing in trademark.  So, after filing the reply to the examination report, you should monitor your mark regularly for updates. 

When to file a reply to a trademark objection report?

The process above shows how to file the reply to the trademark examination report. However, when exactly is this report issued? All applicants to a trademark must file a reply to the trademark examination report within one month of issuance of the trademark objection. 

After issuance of the Report, the status of the application on the portal shows as “Objected” showing alert as “Awaiting Reply to Examination Report.”

You need to reply to examination report within 30 days of receipt of the Examination Report, failing to which the Registry may abandon the application made i.e. the applicant has to give up the claim over the Trademark. Hence, the status of the Application shall be checked regularly in order to avoid any difficulty or hassle in claiming the rights over the Trademark.

Also Read: Trademark Renewal Process in India

Status of application post filing the reply

Once the Reply to Examination Report is filed on the portal, the status is turned to “Objected” replacing the alert of “Awaiting to Reply.” Now, the applicant has to rest and wait for the further response from the Registry.

The examiner may either accept the response or schedule a hearing according to the satisfaction to the reply filed.

• Where the reply filed or the hearing is to the satisfaction of the examiner, the examiner orders publication of the Trademark in Trademark Journal.
• In case, the response fails to the satisfaction to the examiner, the applicant can avail an opportunity of hearing before the Trademark Registrar, where he/she can present submissions orally.

Importance of replying to examination report

The registry will not proceed with approving your application if you do not reply to the objections in time. Hence, it is very important to reply to examination report, for the following reasons: 

Address objections 

Through the reply, you get a chance to clear out the issues raised by the registry. This will help in erasing the doubts of officers, and provide you complete protection over your mark. 

Protecting from infringement

Objections at early level in trademark applications also help in reducing the cases of trademark infringement in India. 

Protects your rights

You file an application for trademark registration to get protection over mark. The objection often causes hindrance to exercising those rights. Hence, filing the reply in a timely manner helps you to protect your trademark rights. 

Also Read: Trademark Assignment Process in India

Sample contents of trademark examination reply

The trademark objection reply does not have any prescribed format for a sample. However, often people submit it in the format of a letter. This sample letter of trademark examination reply, should ideally contain: 

• Address of appropriate trademark jurisdiction;
• Details of the party;
• Details of the mark;
• Information about the prior use of mark;
• Physical copy of the mark; and 
• Your contentions/ arguments against the objection. 

Conclusion

Filing a reply to trademark examination reply is an easy process. However, it also forms a very integral part of the entire registration process. Hence, it is always advisable to seek assistance from professionals that can help you submit the reply to trademark objection easily!