Examination Report Reply

Replying to 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 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 trademark examination report with 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. In this article, we look at ways of replying to trademark examination report.

The response to an objection in a trademark examination report can be submitted by the trademark applicant or an agent authorized by the trademark applicant as the “Reply to Examination Report”. The response can be submitted by sending a scanned copy (colour pdf file format) of the reply to examination report to parm.tmr@nic.in or could be uploaded online through the trademark office website or could also be submitted by person or post. Any affidavit and supporting documents should also be submitted along with the Reply to Examination Report.

In case of objections as to formality requirement(s), the trademark applicant should comply the requirements as desired by the office. For example, if the trademark office has called for consent of a person whose portrait appears on the trademark, the trademark applicant may submit the consent from the person in writing with supporting documents or state that portrait appearing on the trademark is not of a particular person, but is a general picture of a man or woman.