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Rina (none)     13 August 2012

Objection to trademarks registry

I design jewelry and also make occasionally jewelry for small individual orders. The level of my operation is really small and earning is little and infrequent. At present, I cannot increase the level or volume, owing to the fact that I have small children who need more of my attention.

Two years back, in May 2010, I applied for trademark registry - I made a logo and decided on a name which I thought I would have on my business card/letterheads etc. I felt it would lend a little professional touch to the work I did. (before I applied, in December 2009, The registrar of trademarks had responded with the result of my request for Search - vide TM-54, under Rule 24(1)- there was no other existing trademark using the same name or logo or similar logo)

Therefore,I felt assured that the TM Registry would happen without any problem.

I had applied under Class 14 (dealing in precious metals and alloys, jewelry) and in class 42(services of designing for other jewelrs)

In June, 2010, I received a response from the TM registry office, alloting my appkication a number and to not use "R" till registration.

For 2 years there was no further information. About 15 days back, I have received a letter from the TM registry office in Mumbai. In class 14 - I have been asked to reply through email, as my application is "Open to Objection" and may be refused. 

I went to the IP office in Dwarka, Delhi and have been told that the objection is something internal and raised by their own officers and I have to submit a reply justifying my application, stating clauses from the TM act, in an affidavit form, as to why I should be granted this trademark.

(under the other application in class 42, the status is "Examination report issued", 13.8.2012)

Could anyone please guide me re the reply that I should make in affidavit form?



Learning

 3 Replies

Rajesh Hazra (Mediator and Legal Counsel )     14 August 2012

You need to reply suitably through Affidavit. You need to draft professionally.

subramanian (consultant)     16 August 2012

You would get an examination report for each application in which the office would have stated the objections and you would have been given time limit of one month to meet the objections .If  there is  a requirement  for you to prove use of your mark, you have to file an affidavit to the fact that you have been using the mark  stating the date from which you have been using the mark along with evidences such as receipts issued to customers with trademark mentioned in the receipt and advertisements given in newspapers/ magazines regarding your product with mark mentioned therein You can also request for a hearing in the office where you had filed the application.I would request you to meet a senior officer or the public realation officer at delhi who would give you a standard draft oh the affidavit.Please do it within the timelimit

T.R.Subramanian

Rina (none)     18 August 2012

Thank you very much, Mr. Subramanian, for your inputs. I have filed the requisite affidavit. I now await their response.


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