What is an examination of a Trademark application? - Prometheus IP

A Trademark application is examined by the Trade Marks Office in about two to four months’ time from the filing date and objections are raised, if any. These objections are based on either:

Section 9- Absolute Grounds for refusal of registration (distinctiveness, devoid of distinctive character, not capable of distinguishing goods or services etc.) and/or
Section 11- Relative Grounds for refusal of registration (similarity/identity with earlier trademark already existing on the Trade Marks Register).

When an examination report is issued, a response must be filed within one month from the receipt of the examination report. In case of not responding within the due date, the application shall be “deemed to have been abandoned”. If the response filed is convinced by the Trademark Registrar, the application is advertised in the Trademarks Journal. But, if the Trademark Registrar has any further objections, the Applicant shall be called for attending show cause hearing.
If no objections as mentioned above, the trademark shall be advertised in the Trademark Journal.

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1st Floor, TNGO’s Colony Phase 2

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Telangana, India.
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