What evidence must be submitted to Trademark office along with the trademark application?
Along with a trade mark application, the applicant must submit all documents necessary to prove the date of first use of the trademark. Such proof can be in the form of invoice, sales order, purchase order, advertisement, price list, agreement and so on. Submission of such evidence in advance will enable faster processing of the trade mark application.
What is an examination report and how must I respond to it?
Examination report is a report of examination conducted by Trademark Office after examining the registrability of the application, which includes distinctiveness, existing similarity with prior registrations, and filing of supporting documents.
If a mark is accepted during examination, the trademark office will issue an acceptance order and the trade mark will be published in the journal. However, a trade mark is rarely accepted without objections. If registration of a trade mark is objected by the examiner in the examination report, applicant or his agent must respond to it within one month from the date of receiving the examination report. The response to an examination report must include:
An answer to the objections raised;
What is trademark hearing and when is it required?
After filing the application, every trademark is examined by the examiners appointed by the Trademark Registry. After examination, an examiner issues a examination report in which the objections, if any, are raised by the examiner. On receiving the Examination Report, the applicant has to submit his/her response based on the objections in the examination report. In case the objections are not met to the satisfaction of the trade mark office through the response, the applicant can avail an opportunity of hearing before the Trademark Registrar, where he/she can present submissions orally. The hearing is generally conducted by the assistant Registrar of Trade marks.
|
