REPLY TO THE EXAMINATION REPORT Attorney Code-24923 UNDER THE TRADEMARKS ACT, 1999 Reply to the Examination Report for registration of a Trademark or a Collective mark or a certification mark. IN THE MATTER OF: Application No: 5337958 in Class/Classes: 25 In the name of M/S Lexzer Enterprises Private Limited 7-2-136/3 Chittakhana Bidar Karnataka- 585401, India .. Applicant Company We, M/S Lexzer Enterprises Private Limited having Registered Office at 7-2-136/3 Chittakhana Bidar Karnataka-585401, INDIA (hereinafter referred as “Applicant Company”) hereby set out the relevant reply to the Examination report in order to remove the objection raised u/s 11(1) of the Trademarks Act, 1999 for the registration of Application No. 5337958 in class 25 for the Trade Mark _luish Without prejudice to the submissions of the Applicant Company in any other ™ by the good office of Trademark. matters /Applications/letters, The Applicant Company Is now filing the present reply to the Examination Report on the below mentioned grounds. tis humbly submitted that the subject reply to the Examination Report maynot be considered as a contradietory stand by the good office and this reply to the Examination Report has been set out to satisfy the good office and in protecting its statutory and common law rights in the mark and to avoid any hardship and adversity to the Applicant Company.‘THE GROUNDS OF REPLY TO THE EXAMINATION REPORT ARE AS FOLLOWS: The above-named Applicant MOST RESPECTFULLY SHEWETH: 1, That the Aggrieved Applicant Is a Private Limited Company registered under the Companies Act 2013 and having its registered office at 7-2-136/3 Chittakhana Bidar Karnataka 585401, India (hereinafter referred as “Applicant ‘The Present reply to the Examination Reportis being filed by ed by way of form TM-48 (Power of Company’ Advocate Mr. Uma Shankar Jha duly author Attorney) specified under the Trademark Act, 2. That the Aggrieved Applicant Company runs the very relevant and innovative sort of business of busine of clothing, footwear, headgear 3, That the background of the Lexzer Enterprises Private Limited, the Applicant, is as follows: Applicant namely M/s Lexzer Enterprises Private Limited was laid down by Mohammed Amer Ahmed 4. That as far as the significant reputation and goodwill in the name of luish Applicant has associated with for the registration of the mark applied and therefore, Applicant has absolute rights to use the same in luish to earlier marks in respect of identical or similar description of goods or services exclusion of all others and the mark is not at all identical with or similar and there is no such identity or similarity and no likelihood of Confusion on the part of the public exist as such.luish.. Applicant if the trademark may not be registered in the name of the Applicant. se luish.. has been applied after conducting complete search in the market and 6. That the trademark “ shall have serious implications for the 7. That the Applicant submits that sizeable portfolio of trade: ‘and undisputedly & having goodwill in the market with respect to the Clothing, footwear, headgear” in Class 25 and therefore filed the said Application for Registration of Trademark “WISH. ., garea 21/02/2022 vide Ap No, 5337958 8. That the Applicant Company confirms & submits that there is no malafide luish... Intention on their part for the registration of trademark “ ‘and the Applicant Company have applied for the same by meeting all the statutory requirements and therefore, the Applicant Company has legitimate lawtul right luish.. to adopt the trademark “ 9. That Ever since the adoption of above trademark, the same have been continuously, exclusively and extensively used by the Applicant which has resulted in substantial reputation and tremendous goodwill in the name of the Applicant in their above trademark and therefore, the Applicant deserves the Registration of the said trademark “ISH. ana holds to protect its statutory and common law rights in the markand to avoid any hardship andAdversity to the Applicant. 10. That the Applicant further submits that the mark mentioned above has become distinctive and the mark luish carlier marks in respect of identical or similar deseription of goods or is not at all identical with oF similar to services and there is no such identity or similarity and no likelihood of confusion on the part of the public exist as such because no objection has citedin the examination report 11, That the Applicant's inherently distinctive & honestly adopted trademark has gained popularity to such an extent that members of trade and public solely associate the words [ISM wien ene Appuicantand Applicantatone,to the exclusion of anyone else. Such insurmountable reputation and Association only serve to show the goodwill of the Applicant in its inherently luish.. distinctive & honestly adopted trademark” luish.. continuously, extensively and exclusively used by the Applicant 12, That Ever since the adoption, the mark “ have been respect ofits services. The said mark has now become iconic and is Associated with the services of the Applicant and the Applicant alone. 13. That the Applicant has spent tremendous time, effort and money in promoting, publicizing and popularizing its services under the inherently distinctive & honestly adopted trademark «WISH14. That owing to such long and extensive use, the said trademark has acquired enviable reputation and goodwill amongst the members of the society and members of the trade. By virtue of the same, the inherently Distinctive trademark lUlsh., Applicant and the Applicant alone. ‘are, today, exclusively associated with the ights in the 15, That the Applicant has acquired common law use Inherently distinctive marks" lWISH- yy virtue of extensive, exclusive and continuous use. The inherently distinctive sald marks have acquired enviable reputation and goodwill and are today associated \With the services ofthe Applicant and the Applicentalone. Such common lave rights have accrued to the benefit of the Applicant to its extensive, exclusive and long use of the inherently distinctive, honestly adopted -luish.. marks’ 16, That it would not be out of proportion to say that the Applicant's luish inctive & honestly adopted trademark" ” deemto Inherently qualify to be regarded as a trademark under the provisions of the Trade Marks Act, 1999 and therefore is entitled to be protected by the Applicant Company in class 25, 17.That the Applicant has acquired common law rights in the inherently ~luish distinctive trademarks “and their stylizations andFormations thereof. Hence, the Applicant, as established above, has absolute rights to use the same in exclusion of all others. ‘The Applicant further has a right to prevent use by third parties of the marks identical luish.. And/or similar to its trademarks * description, whatsoever. in relation to the services of any 18. Applicant have Deposited. the remaining deficit fee of Rs.4500/- as per Schedule | of Trade Marks Rules 2017 as the goods/services mentioned in the application and the goods/services mentioned in the MSME certificate on record are different. 19, That the Applicant wishes to clear the objection raised under section 11(1) of the Trademarks Act, 1999 by filing this reply to the Examination luish Report for the mark“! >"! "vide Application No. 5337958 in class 25 inter alfa with respect to “Clothing, footwear, headgear” in Class 25. PRAYER Itis, therefore, prayed to learned Registrar in the interest of justice and equity kindly waive this objection and release the order for advertisement before acceptance, All communications in relation to these proceedings may be sentto the following address: T-10 Pankaj Plaza Pocket-7 Plot-7 Sector-12 Dwarka, New Dethi-110078 legalguider.in@gmailcom Dated this 16 Day of May 2022 For Lexzer Enterprises Pvt Ltd.VERIEICATION 1, Mr. Uma Shankar Jha verify that Lam acquainted with the facts of the present case and state that the averments made in paragraphs 01 to 19 are derived from the records and the averments made in the above paragraphs are based on the records and the same are believed by me tobe true. Verified at New Delhi on this 16% Day of May 2022. To ‘The Registrar of Trademarks (Signature of the Advocate] Office of the Trademarlee Uma Shankar Jha Registry at Chennat.