Now a day’s IP office trademark division is working at tremendous speed and has issued good number of examination reports for clearing their backlogs. Generally, it was observed that examination report pertaining to any trademark applied usually was examined after expiry of 8-9 months from the date of filing of trademark application.
But now, within 4-6 months examination report is issued. So it is advisable to get your trademark application status checked every 15-20 days. A notification in this regard may be referred on ipindia website.
Once you file a trademark it pass through the examination stage and if applicable than hearing.
The Trademark Registry examines a trademark application within a period of six months to one year from the date of filing. An Examination report is issued in case the Registry has some objection/s with the registration of the application, which may relate to the question of the trademarks distinctiveness, not meeting the qualifications under the act, existing similarity with prior registrations, and filing of supporting documents.
If a mark is accepted during examination, the trademark office will issue an acceptance order and the trade mark will be published in the journal. However, a trade mark is rarely accepted without objections. If registration of a trade mark is objected by the examiner while examining the application, the applicant or his agent must respond to it within one month from the date of receiving the examination report. Now what are these objections and how to obviate each of them is also an art.
Below is the list of few common types of objection that are generally raised by examiner. In order to answer them correctly and satisfactorily it is important to first know what these objections are and what they mean.