If the examiner gives a favorable report, then there is no need to reply to such an examination report as it automatically gets forwarded by the examiner for publication in the trademark journal. However, in case the examination report is adverse then the same needs to be properly and thoroughly replied along with pieces of evidence if any within a period of 30 days from the date of its receipt. The following are some of the objections raised in an examination report, which need to be replied to.
The registrar may find the application in order; however, he may require some modification or amendment in the application. Under the ™ act, the registrar has some discretionary powers under which he may refuse or accept the application subject to such modification, conditions and limitations as the as may be required. The onus is on the applicant to satisfy the registrar, which he can do by filing an appropriate reply to the examination report which comes up with conditional acceptance.
A trademark faces this objection while its registration on the ground of same or similar trademark has been already registered or applied 4 before the registry of Trademark by some third party. The purpose of these grounds of refusal is to protect, rights of the party holding a similar or identical trademark and also to safeguard general public from confusion or deception as to the origin of the goods or services.