Trademark Examination Process

Trademark Examination Process

When you are going to register your trademark or logo, the examination process must be applied on that either manually or regulatory. The trademark offices in every country are the official body who receives multiple applications submitted by various companies who want to register their trademark on a secure level. In manually examination these offices act and, in the regulation, process the courts involved in this process provide goals and high-quality decision making by the office.

There are many methods to register the applications for trademark registration, electronically or sent directly to the sections. The department of ICU,Incoming Correspondence Unit receives that application in the paper format and forward to admin & finance officer who receive the coding fees. After paying the fees, the application enters into the trademark database. After that, the receipt will be generated which is sent to the applicant. Formalities section forward the application of trademark to the examination section there the trademark and logo will be examined.

Examiners initiate the examination through analyzing that all basic requirements are followed, and also it will examine that goods and services properly grouped as per the classes of nice classification.

Reporting on Object Letter(s) of TMR

Trademark Offices should allow for the receipt of applications and prosecution documents by hand, by post, by facsimile, and/or by electronic transmission.  Payment of fees should be allowed by cash, check, credit card, EFT, and/or deposit account.  The Trademark Office should issue a confirmation of receipt of the application in a similar transmission means as that of the application filing.  

Requesting Time Extension to Respond on Object Letter(s)

After you receive the report, you will have to provide a detailed description of the reasons justifying, how your trademark fulfils all the requirements of being a valid registrable mark. This should be done within 30 days or the mark can be abandoned. If the applicant cannot respond to object letter on provided time then the applicant must file an extension request and the required fee(s) to avoid abandonment.

Preparing & Filing a Reply on Objection Letter(s)

The applicant has to file a response to the objections raised in the examination report within the stipulated time after the comprehensive analysis of the grounds of objection raised by the Examiner. The reply shall be drafted in a manner which can construct supportive grounds and able to give proper reasoning why the trademark applied for is unique in nature and does not fail to comply with the provisions of the said law.

Removal of All Objections from the Examiner of Trademark Office:

If the Trademark Examiner thinks the reply is enough and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

Conduct a Status Enquiry:

When the Reply to Examination Report is filed, the status is turned to “Objected” replacing the alert of “Awaiting to Reply.” Now, the applicant must rest and wait for the further response from the Registry. The examiner may either accept the response or schedule a hearing according to the satisfaction of the reply filed.

Where the reply filed or the hearing is enough for the satisfaction of the examiner, the examiner orders publication of the Trademark in Trademark Journal.

In case, the response fails, the applicant can go for hearing before the Trademark Registrar, where he/she can present submissions orally.