How to reply TM objection

[Pari S.]

Dear members,

My client application for trademark has received the following message on checking the status of TM application.

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 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 description 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 

Yours faithfully, 

SAGAR PANDURANGGANGAWARE 

For Registrar of Trade Marks

Members, pls let me know what to do under such situation....??

[Jagdish Sonagra]

Still report is not complete

 

[CA Hitesh]

Kindly share the background on the given id:

Best Regards

Hitesh Juneja & Associates ǀ Corporate Specialist

Branches - Delhi ǀ Mumbai 

"Where Relationship Matters"                                   

p. +91 9015927513  m. +91 9711127375 | +91 9953426612

e hmcorporat...@gmail.com

This mail is regulated by IT policy of the Firm. The information contained in this communication (including attachments) is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. It may contain confidential and/or legally privileged information. This e-mail is for the purpose of knowledge sharing among the professionals and shall not be treated as solicitation in any manner or for any other purpose whatsoever. It may also be legally privileged and shall not be used as a legal opinion and not to be used for rendering any professional advice. Any action to the contrary is prohibited and may be unlawful.