Trademark Registration Objection Reply

BEFORE THE REGISTRAR OF TRADE MARKS REPLY TO EXAMINATION REPORT Application No. : [application_number] Mark : [mark] Class(es) : [classes] Applicant : [applicant_name] [applicant_address] Examination report dated: [examination_report_date] Sir/Madam, The Applicant submits this reply to the objections raised in the examination report, and states as follows: 1. OBJECTIONS RAISED [objections_raised] 2. THE APPLICANT'S SUBMISSIONS [reply_grounds] 3. FURTHER SUBMISSIONS 3.1 That the mark applied for is distinctive, is capable of distinguishing the Applicant's goods or services from those of others, and does not fall foul of Section 9 of the Trade Marks Act, 1999. 3.2 That the mark is neither identical with nor deceptively similar to any cited mark, when compared as a whole rather than by dissecting it into parts. The marks differ in appearance, in the idea conveyed, and in phonetic effect, and the goods or services and trade channels are distinct. 3.3 That there is no likelihood of confusion or deception among the relevant public, who are reasonably informed and observant. 3.4 That the Applicant has adopted the mark honestly and in good faith, and has no intention of trading upon the goodwill of any other proprietor. 4. EVIDENCE OF USE [evidence_of_use] The Applicant relies upon the above to establish use of the mark and the distinctiveness acquired through it. 5. The Applicant therefore prays that the objections be waived and the application be advertised in the Trade Marks Journal. Place: ______________ Date: [reply_date] [applicant_name] Through [agent_name] AGENT / ADVOCATE ──────────────────────────────────────────────────────────────── THIRTY DAYS, OR THE APPLICATION IS ABANDONED A reply to the examination report must be filed WITHIN THIRTY DAYS of its receipt. If no reply is filed, the Registrar may treat the application as ABANDONED. That is the whole risk. Not refusal after a hearing — abandonment without one, because nobody replied. The filing fee is lost, the priority date is lost, and the mark must be applied for afresh, by which time someone else may have filed for something similar. CHECK THE STATUS OF YOUR APPLICATION ONLINE rather than waiting to be told. Examination reports are published on the Trade Marks Registry portal and are not always separately communicated in a way that reaches you. Applicants who moved office, changed email, or relied on an agent who stopped acting have lost applications this way. AFTER THE REPLY: if the Registrar is not satisfied, a HEARING is appointed. Attend it, or send your agent. An application is also commonly lost by non-appearance at the hearing. IF THE MARK IS THEN ADVERTISED, a third party has FOUR MONTHS from advertisement in the Journal to oppose it. Clearing examination is not the end of the process.