What data to include in trademark objection reply in India?
Attention All Trademark Owners who filed Trademark applications in India
According to trademark notice issued by Trade Marks Registry in India, it has identified many trademark applications filed before December 2016 failed at 1st stage of formality check pass. Therefore, those trademark applications have not been examined in India due to compliance issues ( For example, not filing Stamped Power of Attorney (POA) while filing the trademarks in India). To view the trademark notice click here
The list of filed Trademark applications has been published as follows:
- Annexure I: Incomplete digitization of the filed Trademark
- Annexure II: Trademark applications failed in formality check during examination and have been pending for compliance with the office direction.
The Trade Marks Registry in India has directed the trademark attorneys and brand agents to comply with the pending issues for the trademark applications that have failed in Formality check. As a trademark owner you should check if your brand is in this list click here. Refer the details of trademark filing deficiency and requirement raised by the trademark office. The trademark applicants should email at pendingexam.tmr@nic.in, with brief details of such brand applications to remove existing objection and comply with the same.
Example of Trademark compliance issue in India
| While taking up the above application for examination under the provisions of Trade Mark Act, 1999 and Trade Marks Rules 2002, it is observed that trademark application could not proceed to examination because of the following reason/s: | |
| * Power of Attorney (TM-48) is not found enclosed along with the trademark application. | |
| * You are required to provide TM-48 with necessary stamp duty.. | |
Therefore, trademark applicants and their trademark agents should include the following details while mailing at pendingexam.tmr@nic.in and and send the hard copy to the concerned office of Trade Marks Registry:
- Full and complete Reference Letter No. and date,
- Trademark application number and the class to which it relates.
To read more: click here
Law Office of Rahul Dev 
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