Baijoo

Reply to the objections in Examination Report 2024 for a Trademark application

Customized reply to the examination report plays a vital part in the acceptance of a trademark application. A general and formatted reply may send your application on hearing which may take years in acceptance of the trademark application.

Thus, you require an experienced trademark attorney who can prepare arguments on technical grounds and in accordance with the objections on the Trademark application.  

Reply to the Examination report along with evidences 2024

Mere a reply to the examination report and inclusion of judgements of the courts does not suffice the requirement of acceptance of the application. The merit of the case and trademark application is also required to be discussed extensively with all the cited provisions and marks in the examination report. Evidences and other documents in support of the Trademark application are also a mandatory part of reply to the examination report.   

Reply to the Examination Report by the most experienced Trademark attorney 2024

At Baijoo, we have extensive understanding of the requirements of Trademark department and thus able to draft an extensive and customized reply to the examination report completely on the merits of the case. We attach evidences and other grounds in to the reply and discuss all the objections and cited marks extensively in our reply and thus chances of the acceptance of trademark application grows higher in case of our reply to the examination report. 

Why Trademark application is objected in 2024

A trademark application is objected by the trademark examiner when he finds no merits in the Trademark application. There may be two grounds of objection in the Trademark application. First when there is no distinctiveness in the Trademark and the Trademark completely consists of the non-distinctive words or characters or the Trademark designates the kind or quality of any goods or services. Secondly if the Trademark is visually or phonetically similar to any existing Trademark on the register. The objection may be under Section 9 or Section 11 of the Trademark Act 1999. Objections under Section 9 (1) (a) and Objections under Section 9 (1) (b) is raised by the Trademark Department if the Applied Mark is not having its own identity or the applied mark designates the related goods or services.

Objection under Section 11 of the Trademark Act 1999 is raised on similarity issues with an existing Trademark. Difference in spelling or any slight difference of the applied mark does not qualify for registration if having similarity with the existing mark.

Preparation of Reply to the examination report 2024

Reply to examination report is prepared on the merits of case to case and evidence along with other documents are required to be submitted along with reply. The merits of the Trademark should be discussed extensively along with distinctiveness to be proved and clarified broadly with legal arguments. In case of relative grounds of refusal you are required to discuss each and every cited mark along with a comparison table which illustrates the major differences between the applied mark and the cited mark / s.

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