TRADEMARK OBJECTION SECTION 9(1)(b) REPLY FORMAT

Introduction

When a trademark is filed for registration, the examiner can raise the objection against the filed application under Sections 9(1) and 11 of the Trademark Act, 1999. But, if he is satisfied then the trademark will get published in the trademark journal and will be open to the third party for opposition for the time period of four months, if no objection is raised against it, the trademark will get registered.

Trademark objection under Section 9(1)(b) of the Trademark Act, 1999:

Section 9 (1) (b) of the Trademark Act, 1999 states the absolute grounds for refusal of granting registration to the trademark. It says that the word or mark applied for registered, if indicates kind, quality, purpose, values, quantity, geographical origin, or time of production of the goods or providing service then a trademark cannot be accepted to be registered.

The registrar may send the objection stating the reason as mentioned above or if the application is not appropriate for example incorrect classification of class, etc.

Status of trademark objection:

-The status can be checked through ipindiaonline.gov.in via going on trademark application or registered mark.

-Then you have to select the option of National or in the case of Indian residents, IRDI Number.

-Fill in the captcha and then click on the link of the examination report to download it.

Trademark Examination Report:

From the date of filing of the trademark registration, it takes a time frame of six months to one year. The report contains the facts, issues, and other relevant drafts for which objection is raised. The trademark examination report describes the details of the application for which an objection has been raised and the reply is required to be filed against it by the applicant.

Filing of a trademark objection response

-If the status of the trademark is marked as “objected” then the following steps should be followed to file a response against the trademark objection-

-First, analyses of the trademark objection should be done carefully. Any ambiguity in understanding the objection can lead to the wrong filing of the trademark objection reply.

-While drafting the reply one should put efforts into satisfying the registrar. The reply should be filled within thirty days from the date on which the objection was raised. Further, the time limit can be extended for a valid reason for delaying the filing.

The online procedure for filing the reply is as follows:

-Login on ipindiaonline.gov.in with a user ID and password.

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

-Type the application number for which the objection is raised.

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

-Mode of appearing for the case will be available.

-Finally, submit the reply with the digital signature of the attorney.

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

-When the application is accepted, the trademark will be published in the Journal. If refusal is made by the examiner then a valid reason for the same has to be stated.

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

-If the application for reply is not filed within thirty days then the application will be marked as “abandoned” and the applicant will have to make a fresh application for the same.

Conclusion

If one wants to create a brand then registration of the trademark is of foremost importance. All the rules and provisions of the Trademark Act, 1999 should be followed for registration as well for the reply to the objection. Any infringement of the rules shall lead the applicant to the penalty. If the reply is not filed within thirty days or the extended time period then the application will be marked as abandoned.

The Trademark Objection Section 9(1)(b) Reply Format is attached herewith for your kind perusal:

https://docs.google.com/document/d/17osp6AnP5BXBrk-s9wvOIm1I5yBhaPJ_0hzS7hABEtI/edit?usp=sharing