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What is a trademark examination report and how must I respond to it?

BananaIP Counsels > What is a trademark examination report and how must I respond to it?

What is a trademark examination report and how must I respond to it?

Trademark examination report is a report of examination conducted by Trademark Office after examining the registrability of the application, which includes distinctiveness, 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 in the examination report, applicant or his agent must respond to it within one month from the date of receiving the examination report. The response to an examination report must include:

An answer to the objections raised;

  • Relevant case laws or precedents of the trade mark office; and
  • Supporting documents to prove inherent or acquired distinctiveness.
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