Trademark Objection Reply
Answer the examination report within thirty days.
An examination report is not a refusal. It is the registry asking you to justify the mark, usually on absolute grounds under section 9 — that it is descriptive — or relative grounds under section 11, that it conflicts with an earlier mark.
You have thirty days. Miss it and the application is treated as abandoned and the fee is lost.
The reply argues distinctiveness, distinguishes the cited marks, and where it helps files evidence of use. If the registry is not persuaded it lists the matter for a hearing, which we attend.
What is included
- Examination report analysed
- Reply drafted on the grounds actually raised
- Evidence of use and distinctiveness compiled
- Show-cause hearing attended if one is listed
What we need from you
- The examination report
- The application number and filing receipt
- Evidence of use — invoices, advertising, packaging
- Power of attorney in TM-48
Questions
What happens if I do not reply to a trademark objection?
The application is treated as abandoned after thirty days and the government fee is lost. You would have to file again, and the mark stays unprotected in the meantime.
Also in Trademark & IP
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Get started with Trademark Objection Reply
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