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The applied trademark is liable to be refused and abandoned.
The reply to objections raised through examination report need to be responded within 30 days from the date of their receipt.
In such a case, the proprietor/ owner of the TM will need to file a reply to the objections raised by the department. While there is no specific format prescribed for the reply of the examination report, however, it requires specialized drafting skills and expert legal knowledge to respond to such objections.
There is no time specified for issuance of the examination report. However, in general, the examination report is issued by TM department within 30 to 60 days from the application of the Trademark.
The grounds of objections can be broadly classified into three categories Absolute Grounds of Refusal The TM Department may outrightly refuse the application where the applied Trademark is without of any distinctive character, or contains the characteristics of the goods/ services, or deceive the public or cause confusion, or hurt the sentiments of any religion, scandalous or obscene matter, or prohibited word. Relative grounds of Refusal The TM department issues such objections where the applied Trademark is identical or similar with an earlier applied Trademark or an existing registered Trademark, and the same may create confusion among the public in...
The Examination Report are of two types With objections: The Examination Report contains the objections on which the mark can be refused. Without objections: The Examination Report does not contain any objections, and can be construed as an acceptance of the TM application by the TM department.