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How to respond to a Provisional Refusal raised by the Indian Trademark Registry for a Madrid Application designating India

Once the Madrid Application is examined and the Indian Trademark Registry has any objections to the Application, it raises a provisional refusal.  The provisional refusal is communicated to the WIPO which in turns notifies the Applicant/ Authorised representative. A response to provisional refusal is to be filed within 30 days from the date of receipt of provisional refusal.

The objection is majorly under with Section 9  (mark not distinctive) or Section 11  (pre-existing marks) of the Trademarks Act. A response To Provisional Refusal In India has to be filed with the Indian TM registry either by email or through e-filing module along with supporting documents. The response must be filed by the authorised representative competent to practice before Indian TM Registry or by Applicant if it is having an office/address for service in India. A duly signed POA by Applicant in favour of its attorney shall be required, the POA needs to be stamped and filed with the TM Registry.

If no response is filed by the Applicant, the Registry shall abandon the Application.

After considering the response, the TM Registry is satisfied advertised the Application or if it has any issue, it shall fix a show cause hearing in the matter. The show cause hearing must be attended, if no one represents the Applicant in the hearing, the Registry shall abandon the Application.  

Where registry advertises the Application in the TM Journal, any third party may prefer opposition within four months from date of advertisement. Once this period is over and there is no third party opposition, the registry notifies the Applicant as to Registration. 

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