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    Reply under section 11 of Trademark

    Posted By : CCL / Published on : 09-Oct-2020 01:24 PM / View : 611 / Comment : 1

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    Hi All,

    Can somebody share the draft for a general reply to the examination report under section 11 of trademark law?
    Read more on : trademark section under reply

    • Under Section 11, the objection raised on the ground that the proposed mark is identical and similar with already registered trademark, hence is not capable of registration, to get your mark registered you have to submit a reply under the prescribed time period explaining how's your trademark is different from already registered trademark such as;

      - you have to mentioned that your Trademark should be seen as whole and not in its part;

      - confusion finding must be based on the overall impression and not on individual components, 

      - explain each and every feature of your trademark such as words, lines, colour, design and how your trademark is different from already registrered trademark/trademarks;

      - you can also mentioned that your treademark gets enough recognition in the market and consumer can easily differentiate your marks from those of others; and 

      - you may ask the Registrar to put your proposed trade mark on the official portal "IP India", under Section 2O of the Trademarks Act 1999 and "Advertised before Acceptance"

      Supreme Court in the case of "Parley Products v. J P

      04-08-2023 / 11:18:33 AM
      Reply
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