Received an objection letter on TM logo


Hello Everyone,

I recently received an email saying that there is an objection to TM applied. It was applied in Dec 2011.

(Email copy paste is below) Please let me know what this means and what actions are to be taken. Thanks!

------------------------

Gentlemen/Madam,

The above mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade Mark Rules,2002 and the trade mark applied for is open to objection under the following sections :

1. The trade marks-which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

Hence, the above application is liable to be refused. Accordingly, you are

requested to submit your response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of this Examination Report or you may apply for a hearing.

Please Note that if no reply is received or a request for a hearing is applied for within the above mentioned stipulated time ,the said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and there after the status of application in the computer database shall reflect the factual position

Yours faithfully,
NAGENDRA PRASAD YADAV
For Registrar of Trade Marks







 

 
Reply   
 
Corporate Commercial & IP Lawyer

Mr. Davinder,

This is a type of objection from TM examiner side, when they are not able to distinguish goods and services with your logo.. There are chance this might go for a hearing aswell..

If you need a professional service, we can help you on this. You can reach me on nagaraja_bs@iplexglobal.in

Regards,

Nagaraj

www.iplexglobal.in

 
Reply   
 



Thank you for your reply Mr. Nagaraj.

I understand that we will have to give full justification to the Registrar so that the objection is no more.

What if we want to 'rectify' or 'edit' the logo and re-submit to the Registrar? Will that be possible to do immediately?

Thank you!

 

 
Reply   
 
Corporate Commercial & IP Lawyer

Mr. Davinder,

As a part of response to TM Objection, You can submit the specimen used in connection with the goods or services

However, you cannot resubmit logo or edit them..

Regards,

Nagaraj

www.iplexglobal.in

 
Reply   
 
Advocate

mark may be amended filing Form TM 16 subject to some restrictions.

 
Reply   
 
consultant

With the objection the office would have cited some similar logos registered and pending.You have to consider them and write to the trademark office pointing out the differences and stress about the dictinctiveness of your logo and also request for a hearing.At the hearing you can discuss about amendments to the logo.However you cannot  make major amendments to the  logo.

T>R.Subramanian

 
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