To,
The registrar of Trademark
Office of the Trademark Registry, Delhi,
Re: Replying to Examination Report dated 21/09/2021 concerning Trademark application
number 5117525 filed in the name of Sudha kalani Proprietor of “Kalani Sales”.
Dear Sir,
Objection Raised: - 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
trademarks is enclosed herewith The objection is raised Under Section 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
That the objection Raised against registered trademark “Kalani Sales” under section 11 is not
maintainable in law for the reason mention herein below: - we submit that the applicant
bonafidely adopted the aforesaid trademark “Kalani Sales” related to e-commerce sale of
mobile cases and covers. We humbly submit that one cannot compare two marks by putting
them side by side and by trying to find out similarities and differences in them.
And what one has to see is overall impression given by the marks in the minds of general
public. The totality of impression of the trademark is to be seen while judging upon the
question of identicalness of deceptive similarity between the trademarks. The overall
impression of these mentioned marks and that of our mark are so different that consumers
and purchasing people can easily differentiate between them. Kindly accept the application
and waive the objection under section 11.
Kindly find below the status of the marks mentioned in the examination report:-
The following trademarks are phonetically, visually and structurally different:-
Trade mark name Trademark/ Application number status
3938614 Registered
Goods Description of the above mark:- Apparatus for recording, transmission or
reproduction of sound or images, magnetic data carriers, recording discs, data processing
equipment and computers, recording discs, cds, mp3, d.v.d., audio cassettes, video cassett
es, camera (photography), apparatus for editing cinematographic films, computer operating
programs, computer peripheral devices, computer software, film cutting apparatus, film
(editing appliance for cinematographic films), computer game programs.
However goods description of our mark is
Moreover it is well known principal of law is that the mark should be taken as a whole while
examination the trademark not only part of it.
Prayer:- it is therefore prayed to learned registrar in the interest of Justice and equity. Kindly
waive this objection and release the order for advertisement before acceptance.
It is well settled that an average consumer perceives a marks as a whole “Kalani Sales” and
does not proceed to analyse its various details “Kalani”, “sales”. Hence the mark must be
considered as whole and not divided into various parts and compared side by side.
In this case subject mark reproduces none of the marks enlisted in the search report in an
unqualified manner. When viewed as a whole, it appears to be very distinct in the mind of
an average consumer due to the use of unique combination of words & logo; which is
explicitly different from the rest. Thus it is submitted before the learned registrar that the
subject mark is not phonetically visually of structurally identical to the marks enlisted in the
examination report and does not create any confusion and our trademark is unique peculiar
in all forms.
Accordingly, the objection Raised under sub section 1 of section 11 of Trademark Act 1999,
are not applicable to the subject mark and should be waived. In view of the information provided
here above, we request the learned Registrar to allow the mark to be advertise in the subsequent
edition of the trademark journal at the earlier as per the rule 39 of trademark rules 2017 read with
sub section 1 of section 11 of the trademark act, 1999.
Should the learned registrar not be inclined to accept the application for registration, we
request that no adverse order be passed against us without being an opportunity of being heard in
the matter. Accordingly, hereby applying for personal hearing in the matter as provided in sub rule 3
of rule 38 of trademark rules, 2017.
Enclosed documents:-
1. Affidavit
2. Examination report
