What an examination report is
After filing, an examiner at the Trade Marks Registry checks the application. If there is a problem, the Registry issues an examination report and the status on IP India changes to "Objected". The report lists the grounds, and any earlier marks the examiner considers similar.
Common objections
| Provision | What it means |
|---|---|
| Section 9(1)(a) | The mark is not distinctive, for example a common word or a surname alone. |
| Section 9(1)(b) | The mark describes the kind, quality, purpose, place or other characteristics of the goods or services. |
| Section 9(1)(c) | The mark is a term customary in the trade. |
| Section 11 | The mark is identical or similar to an earlier mark for the same or similar goods or services. |
| Formalities | Missing power of attorney, user affidavit, unclear description of goods, or wrong class. |
Time limit
The reply must be filed within one month of receiving the examination report (Rule 33, Trade Marks Rules, 2017). An extension can be requested on Form TM-M, but it is at the Registrar's discretion. If no reply is filed, the application can be treated as abandoned.
How we prepare the reply
- Review the objectionWe read the report, check each cited mark's status, owner, class and goods, and assess how strong the objection is.
- Draft the replyA written reply with legal grounds and relevant judgments: why the mark is distinctive, why it is not descriptive, and how it differs from cited marks in appearance, sound, meaning and trade channels.
- Add supporting evidenceWhere useful, a user affidavit with invoices, advertisements and online presence to show use and acquired distinctiveness under the proviso to Section 9(1).
- Adjust the application if neededNarrowing the description of goods or services, or adding a disclaimer, can resolve some objections without a hearing.
- Attend the hearingIf the Registrar is not satisfied by the written reply, a show-cause hearing is fixed. We appear and argue the matter.
After the reply
- Accepted: the mark is advertised in the Trade Marks Journal and the four-month opposition period begins.
- Hearing fixed: the matter is argued before an officer of the Registry.
- Refused: the order can be challenged by review before the Registrar or by appeal to the High Court.
Frequently asked questions
My status shows "Objected". Is my application rejected?
No. "Objected" means an examination report has been issued and a reply is awaited. The application continues if a proper reply is filed within the time limit.
Can I still use my mark while the objection is pending?
Yes. You can continue using the mark with the ™ symbol. The ® symbol can be used only after registration.
Do I have to attend the hearing in person?
Hearings before the Trade Marks Registry are commonly held by video conference. The advocate or agent on record appears for you.
What if the cited earlier mark is no longer in use?
Non-use can be raised in the reply. Where appropriate, a separate rectification application can be filed to remove an unused mark from the register.
This page is general information under Rule 36 of the Bar Council of India Rules and is not legal advice. Official fees are as notified by the Government and may change; confirm current fees before filing.