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.

The grounds of objections can be broadly classified into three categories

• Absolute Grounds of Refusal

The TM Department may out rightly 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 general.

• Other Grounds of Refusal

In this category the department objects if the applied Trademark is not properly filed as per the prescribed procedure, such as, use of incorrect form, mentioning wrong specification of goods and or services, not following the Nice classification for specification of goods/ services, incorrect details in the application, wrong classification of Trademark Class.

There is no time specified for issuance of examination report.However, in general, the examination report is issued by TM department within 30 to 60 days from the application of Trademark.

In such 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 reply of examination report, however, it requires specialized drafting skills and expert legal knowledge to respond to such objections.

The reply to objections raised through examination report need to be responded within 30 days from the date of their receipt.

The applied trademark is liable to be refused and abandoned.

Magus can help you with filing reply of examination report for your organization, as and when required, in a hassle-free manner within a reasonable time span and for competitive professional fee. To know more, please book a telephonic appointment with one of our consultants free of charge.