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[Your Name]

[Your Address]

[City, State, Pin Code]

[Email Address]

[Contact Number]

[Date]

Trademark Registry

[Address of the Trademark Registry]

[City, State, Pin Code]

 

Subject: Reply to Trademark Objection under Sections 9 and 11 of the Trademark Act

Trademark Application No: [Trademark Application Number]

Trademark: [Trademark]

Applicant: [Your Name]

 

To the Registrar,

I, [Your Name], the applicant of the above-mentioned trademark application, hereby submit this reply to the trademark objection raised by the Trademark Registry under Sections 9 and 11 of the Trademark Act. I would like to address the objections and provide the necessary clarification and evidence to support the registration of the trademark.

Objection 1: Section 9 – Absolute Grounds for Refusal

The objection raised under Section 9 pertains to the absolute grounds for refusal. The Registry has stated that the proposed trademark lacks distinctiveness and is descriptive of the goods/services for which it is sought to be registered.

In response to this objection, I would like to submit the following points:

  1. The proposed trademark [Trademark] is distinctive and does not describe the goods/services it represents. It is a unique combination of words and does not directly describe the characteristics, quality, or nature of the goods/services.
  2. The distinctive visual representation, stylization, and overall design of the trademark further contribute to its distinctiveness and prevent it from being perceived as descriptive.
  3. The proposed trademark [Trademark] has been used extensively in connection with the goods/services mentioned in the application, and it has acquired distinctiveness and goodwill among consumers.
  4. I am also submitting evidence of prior registration and usage of the trademark in other jurisdictions, further demonstrating its distinctiveness and non-descriptive nature.

Based on the above points, I request the Registrar to reconsider the objection raised under Section 9 and allow the registration of the trademark.

Objection 2: Section 11 – Relative Grounds for Refusal

The objection raised under Section 11 pertains to the relative grounds for refusal. The Registry has stated that the proposed trademark is similar or identical to existing trademarks, which may cause confusion among consumers.

In response to this objection, I would like to submit the following points:

  1. The proposed trademark [Trademark] is visually and phonetically distinct from the existing trademarks mentioned in the objection. The overall appearance, stylization, and combination of elements set it apart from any existing marks.
  2. The goods/services associated with the proposed trademark are distinct and different from those of the existing trademarks, eliminating the likelihood of confusion among consumers.
  3. I am submitting a detailed comparison chart highlighting the differences in visual appearance, sound, meaning, and commercial impression between the proposed trademark and the cited trademarks. This analysis further supports the distinctiveness and non-confusing nature of the proposed mark.
  4. The coexistence of similar or identical trademarks in the market is not uncommon, and the consumer’s ability to differentiate between them is well-established. The proposed trademark can peacefully coexist with the cited trademarks without causing confusion or dilution.

Based on the above points, I respectfully request the Registrar to withdraw the objection raised under Section 11 and proceed with the registration of the trademark.

I am open to any further clarifications or additional information required to address the objections raised. Please consider this reply and the supporting documents in their entirety during the examination of the trademark application.

Thank you for your attention to this matter. I trust that the Registrar will review the provided arguments and evidence objectively and grant the registration of the trademark.

Yours sincerely,

[Your Name]

[Trademark Applicant]

[Trademark Application Number]

 

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