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Trademark app objected due to similar name . how to reply??

Others 2798 views 3 replies
following mail received

""1.          The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.The detail of same/similar trade marks is enclosed herewith The objection is raised under S 11 (1) of the Trade Marks Act, 1999, as the mark is identical with or similar to earlier marks in respect of identical or similar descripttion of goods or services and because of such identity or similarity there exists a likelihood of confusion on the part of the public.          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 Note: The reply should be submitted online through Comprehensive eFiling services or through email at parm.tmr @ nic.in. With the subject as REPLY TO EXAMINATION REPORT.
Replies (3)
for same or similar name no trademark

please contact practice person of trademark
can we opt for another name

The trademark attorney first needs to examine the examination report issued along with the compared mark.

It is to note that with trademark objection, the registry does not abandon the application or stop you from using it. You can still use the mark subject to reply within 30 days of dispatch.

Therefore, first connect with a trademark attorney to discuss the grounds and file trademark objection reply. If you are looking for one, let's get in touch on call - 1800-313-4151. Drop an e-mail at support @ legalwiz.in with your application number, if convenient. 


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