How to reply to a trademark examination report
Checked against the Trade Marks Act, 1999, the Trade Marks Rules, 2017 and IP India's fee table on 30 October 2026.
When the Trade Marks Registry examines an application and raises objections, the applicant must reply within one month of receiving the examination report. With no reply in time, the application is treated as abandoned (Rule 33 of the Trade Marks Rules, 2017). The reply answers each objection, usually Section 9 (distinctiveness) or Section 11 (similar earlier marks).
The usual objections
| Objection | What it means | How replies usually answer it |
|---|---|---|
| Section 9(1)(a) | The mark lacks distinctive character | Show the mark is invented or arbitrary for these goods, or has become distinctive through use |
| Section 9(1)(b) | The mark describes the goods, their quality or purpose | Explain that the words are not a direct description, and file evidence of use |
| Section 11(1) | Earlier marks cited as similar | Distinguish each cited mark: different overall impression, goods or trade channels; or show the cited mark is not in use |
| Formalities | Missing details, power of attorney, user affidavit | File the missing document with the reply |
Writing the reply
- Note the date you received the report and count one month.
- Answer every objection in turn. An objection left unanswered is usually maintained.
- For each cited mark, compare it as a whole with yours: the words, how they sound, the goods, and who buys them.
- Attach evidence of use where you rely on it: dated invoices, advertisements, sales figures.
- Ask for a hearing if the Registrar is not persuaded by the written reply.
Nishaan reads the examination report with AI, suggests arguments for each objection, and drafts the reply on your letterhead for you to check and file.
See AI draftingCommon questions
- What is the time limit to reply to a trademark examination report?
- One month from receiving the report. Without a reply in time the application is treated as abandoned.
- What is a Section 11 objection?
- The examiner found earlier marks that are identical or similar for the same or similar goods, and thinks the public may be confused.
- What happens after I reply?
- The Registrar either accepts the application for advertisement in the Trade Marks Journal, or lists it for a hearing.
Related guides
This guide explains the law in general. It is not legal advice for a particular case; check the Registry's records and speak to a trademark attorney before you act.