Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. Among the outcomes, the Trademark Examination Report could allow for the trademark application to be advertised before registration or the Trademark Examiner could raise an objection for registration of the mark.
In cases wherein the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised within 30 days. The reply to the Trademark Examination Report should contain reasons, facts and evidence as to why the mark should be registered in favour of the applicant along with supporting evidence if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.
TRADEMARK EXAMINATION REPORT
Once a TRADEMARK REGISTRATION application is submitted and examined by a Trademark Officer, a trademark examination report is sent to the trademark applicant or the person authorised by the trademark applicant. The trademark examination report is also put up on the trademark office website along with details of the trademark application. The applicant or the authorised agent then has a chance to submit a reply to the trademark examination report with a rebuttal, if there is an objection by the trademark examiner. The response is then considered, and if the objections can be waived on the basis of the applicant's response, the trademark application is accepted for registration, and the trademark is published in the trademark journal.