How to reply to a legal notice received for trademark violation?


After an application for trademark registration is made, it is analysed by trademark examiners. This is done within a period of six months to one year from the date of filing. The officials scrutinize the application forms, the mark and also run their own trademark search.

After this process, they take note of their opinions and analysis about the scope of the mark getting registered, in which they usually give out reasons as to why the applied mark should not be registered under the Trademark Law. All of these objections along with the statutory provisions are put together in the form of a Trademark Examination Report.

It is required that the Applicant replies within 30 days from the date of receipt of the examination report. This document is known as Trademark Examination Reply. The response to an objection in a trademark examination report can be submitted by the trademark applicant. The response can also be made by an agent authorized by the trademark applicant.

This authorization is made by a Power of Attorney by the virtue of Form TM48 under the Trademarks Act, 1999. This response is called ÒReply to Examination ReportÓ. Affidavits and documents (as per requirements) should be submitted along with the Reply to the Examination Report.

Reference: Section. 9, Trademarks Act, 1999



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