Trademark Objection Section 11: How to file Reply to Examination Report

Section 11 of the Indian Trade Marks Act, 1999 provides for various grounds for trademark objection, which includes:

1. Similarity to an existing trademark: If the trademark is similar or identical to an existing trademark that is already registered or has been applied for, the Registrar may object to the registration of the new trademark.
2. Deceptive similarity: If the trademark is likely to deceive or cause confusion among the public due to its similarity to an existing trademark, the Registrar may object to the registration of the new trademark.
3. Reputation of the existing trademark: If the trademark is similar or identical to an existing trademark that has a well-known reputation, the Registrar may object to the registration of the new trademark on the grounds that it may cause dilution of the reputation of the existing trademark.
4. Identical or similar to a well-known trademark: If the trademark is identical or similar to a well-known trademark that is registered in India or in another country, the Registrar may object to the registration of the new trademark.
5. Offensive or scandalous trademark: If the trademark is likely to hurt religious or other sentiments, is obscene or scandalous, or is against the public order or morality, the Registrar may object to the registration of the trademark.

It is important to note that these grounds for trademark objection are not exhaustive and other grounds may also be considered. It is advisable to seek the guidance of a qualified trademark lawyer to navigate the objection process and ensure that your trademark is successfully registered.

To reply to a trademark objection under Section 11 of the Trade Marks Act, 1999 in India, you can follow the steps below:

1. Review the objection: First, review the trademark objection notice carefully and understand the grounds of objection mentioned in it. Section 11 of the Trade Marks Act deals with the similarity of trademarks and the likelihood of confusion between them.
2. Gather evidence: Gather evidence to support your case that the trademark in question is distinct and does not infringe upon any existing registered trademarks. This can include market research, consumer surveys, and legal precedents.
3. Draft a reply: Draft a detailed and well-reasoned reply to the objection notice. Your response should address each ground of objection mentioned in the notice and provide a clear and convincing argument for why your trademark should be approved.
4. File the reply: Submit your reply to the trademark office within the stipulated time period mentioned in the notice. Make sure to follow the proper format and include all necessary documents and evidence to support your case.
5. Attend hearing (if required): If the Trademark Registrar requests a hearing, attend the hearing and present your case in person. Be prepared to answer any questions that the Registrar may have and provide additional evidence if required.

Overall, it is important to respond to the objection notice in a timely manner and provide a strong case in support of your trademark. If you are unsure about how to respond or need legal advice, it is recommended to consult with a qualified trademark lawyer.

You can read more about Trademark Objection at Compliance Calendar Learn Section. Also, you can visit https://www.compliancecalendar.in/trademark-objection if you wish to go deeper and need consultation.

For any query, feel free to mail us at [email protected] or connect at 9988424211