To
the registrar of trademark
Trade mark division
plot no 32 sector 14
Dwarka New Delhi 110075
Sub: Application no 5947789 name @CHOCOPOPS filled in class 30
Dear Sir,
we have submitted the application for trademark by the name @CHOCOPOPS vide application
no 5947789 in class 30. the objection in the examination report came as
1. The Trade Mark application is open to objection on relative grounds of refusal under
Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the
register for the same or similar goods/services.The detail of same/similar trade marks is
enclosed herewith
The objection is raised under S 11 (1) of the Trade Marks Act, 1999, as the mark is
identical with or similar to earlier marks in respect of identical or similar description of goods or
services and because of such identity or similarity there exists a likelihood of confusion on the
part of the public.
With reference to the above objection, the reply is as under:-
Upon review, we respectfully submit the following points in support of our trademark
application:
1. Distinctiveness: The mark in question possesses distinct visual and conceptual elements
that set it apart from the earlier marks listed. We believe that when considered in its
entirety, our mark creates a distinct impression in the minds of consumers.
2. Difference in Goods/Services: While the goods/services may fall under the same or
similar categories, it is important to note that there are significant differences in terms of
features, functionalities, and target markets. These differences mitigate any potential
confusion among consumers.
3. Market Presence: Our mark has been in use and has gained recognition in the market
for establishing a unique identity separate from the earlier marks.
4. Consumer Understanding: We believe that the average consumer, exercising a
reasonable degree of attention and familiarity with the relevant market, would not
confuse our mark with the earlier marks due to the distinctiveness and unique attributes
of our mark.
In light of the above points, we respectfully request a reconsideration of the objection
raised under Section 11(1) of the Trade Marks Act, 1999. We are confident that our mark
meets the necessary legal standards and does not infringe upon the rights of any
existing trademarks.
Enclosed herewith are supporting documents, including evidence of use and market
recognition of our mark, for your reference and review.
We appreciate your attention to this matter and look forward to a favorable resolution.
Should you require any further information or clarification, please do not hesitate to
contact us.
Thank you for your time and consideration.
Regards
Shalu
proprietor
Date :14/05/2023
