TRADEMARK OBJECTION REPLY FILING
After your trademark is filed with the IPR, IPR starts its back end process and during this period if the filled name or logo or tagline is found to be generic in nature or similar to a prefilled trademark application, the filled trademark gets an objection examination notice under section 9 section 11.
Section 9: This means objection raised is due to generic nature of word/logo/tagline is applied, which consists of words, latter or indications, which may serve in trade to designate the intended purpose of service means EG. RUNNING, EATING, WHEAT, RICE, SOFA, BED, CUPBOARD, BIRYANI, CHAPPATI, CURD are generic words, which cannot be trademarked as they are used by general public in day to day life something has to be added in front of their words. Like EG. MAX RUNNING SHOES/ MILAN EATING/MEERA WITEAT/ LIFESTYLE SOFA/ MAYUR BED/PERFECT CUPBOARD/TISER BIRYANI/DANISH CURD
Section 11: This means objection is raised on grounds of similarity with already filled word/logo/tagline, which is on record of the IPR register. We help clear the objections by filing counter reply to the exam report.
TRANSFER OR RENEWAL OF TRADEMARK
A filled trademark application which is registered can be transferred to another entity through a trademark transfer agreement under this the owner of the trademark transfer the ownership of the mark to another entity.
Documents required are:
- Copy of application forms attested by both the licensor and the licensee.
- Affidavit by licensor, specify is conditions of agreement.
- Power of attorney to agent doing the assignment.
- Any other documents as may be required