What the examination report is
After the formalities check, your application goes to an examiner who assesses whether the mark can be registered. If the examiner has concerns, those are set out in a written examination report issued under Rule 33 of the Trade Marks Rules, 2017. Your status changes to Objected.
The report will cite the sections it relies on and, for similarity objections, will list the earlier marks it considers conflicting. Download it from the IP India portal using your application number — do not wait for it to arrive by email, because those messages frequently land in spam.
Two things are worth saying plainly. First, an objection is routine; a substantial share of applications receive one. Second, it is the examiner opening a conversation, not closing the file. What you file next decides the outcome.
The deadline, precisely
Rule 33(4) gives you one month from the date the report is served on the address on record. Within that month you may either file a written reply, or apply directly for a hearing.
Three points that catch people out:
- The clock runs from service, not from when you read it. Since the report is normally published on the portal around the time it is dispatched, the portal is your practical warning that the month has begun.
- There is no extension as of right. The registry may send reminder notices, but you cannot plan around receiving one.
- Missing it means abandonment under Rule 33(4). The filing date goes with it, so refiling puts you behind anything filed in the meantime.
There is no government fee for filing the reply or for the hearing. The cost, if any, is professional.
The two grounds, and how each is answered
Most objections fall under one of two sections of the Trade Marks Act, 1999. They are entirely different problems and need entirely different replies.
Section 9 — absolute grounds
The problem is your mark itself
The examiner says the mark is not distinctive: it describes the goods, indicates their kind or quality, or is a term others in the trade need to use. "Fresh Milk" for milk, or "Quick Loans" for lending. No earlier mark is involved — the objection would stand even on an empty register.
A reply typically argues one or both of:
- The mark is inherently distinctive. It is suggestive rather than descriptive, or an invented word, or the combination as a whole is distinctive even if a component is ordinary.
- It has acquired distinctiveness through use. This is the evidence-heavy route: sales figures, invoices, advertising spend, packaging, dated marketing material, press coverage — enough to show consumers already associate the term with you.
Section 11 — relative grounds
The problem is somebody else's mark
The examiner has found an earlier registered or pending mark considered identical or deceptively similar to yours, for the same or similar goods, creating a likelihood of confusion. The report lists the cited marks.
A reply works through the cited marks one at a time, and usually argues some combination of:
- The marks differ visually, phonetically or conceptually, taken as wholes rather than dissected.
- The goods or services differ, or reach different consumers through different trade channels.
- The cited mark is not a live obstacle — abandoned, withdrawn, refused, or removed for non-renewal. Always check the current status of every cited mark; examiners work from the register as it stood, and it may have moved.
- Prior use. If you were using the mark before the cited mark was filed, that can be decisive — but it needs dated evidence, not assertion.
- Coexistence is already happening peacefully, or the cited owner consents.
What a reply actually contains
The reply is filed online through the portal and is addressed to the examiner. It should:
- Answer each objection separately, in the order raised. A general statement that the mark is distinctive does not answer a specific citation.
- Address the actual ground. A Section 9 argument does not answer a Section 11 objection, and the reverse is a common error.
- Attach the evidence you rely on. Claims of use without dated documents carry little weight. Invoices, advertisements, packaging, website archives, sales data.
- Include an affidavit where use is being claimed, with the evidence exhibited to it.
- Request a hearing in the alternative if you want one, so that the option is on record.
Keep it specific. Long generic submissions about the importance of brands persuade nobody; a short reply that deals precisely with each cited mark does.
Received an objection and the clock is running?
Send us your application number. We will tell you what the objection is, how strong it is, and what the deadline is — free of charge.
If a hearing is fixed
Under Rule 33(6), if the reply does not satisfy the registrar — or if you asked for one — a show cause hearing is scheduled. These are commonly held by video conference.
A hearing is not an opportunity to rewrite your reply. It is an opportunity to defend the arguments already made and answer the registrar's questions on them. Bring the same evidence, and be ready on the cited marks specifically.
Attend. Rule 33(7) provides that if the applicant fails to appear and no reply to the objection has been filed, the registrar may treat the application as abandoned. Non-appearance is not neutral.
After the hearing the registrar passes an order. The mark is either accepted — and proceeds to advertisement in the journal — or refused.
If the mark is refused
A refusal after a hearing is a decision on the merits, and it can be appealed. Under Section 91 of the Trade Marks Act, 1999, an appeal lies to the concerned High Court within three months of the order being communicated.
Whether to appeal is a commercial decision as much as a legal one. Weigh the strength of the grounds against the cost and time of an appeal, and against the alternative of adapting the mark and refiling. Sometimes a modified mark filed cleanly is faster and cheaper than fighting for the original.
How to avoid getting here at all
Most Section 11 objections are foreseeable. They cite marks that were on the public register the whole time, findable by anyone who looked.
- Search properly before filing — wordmark with all three prefix options, phonetic, and Vienna code for logos, in every class. Our search guide covers the method.
- Choose a distinctive mark. Descriptive names attract Section 9 objections by design. An invented or arbitrary word is both easier to register and stronger to enforce.
- Use accepted wording for your goods and services. Vague descriptions invite objections that have nothing to do with the mark itself.
- Keep dated records of use from the beginning. If you ever need to prove acquired distinctiveness or prior use, the evidence has to already exist.
For where this stage sits in the wider procedure, see our guide to the trademark registration process.
Frequently asked questions
How long do I have to reply to a trademark examination report?
One month from the date the report is served on your address on record, under Rule 33(4) of the Trade Marks Rules, 2017. There is no extension as of right, and if nothing is filed the registrar may treat the application as abandoned.
Does a trademark objection mean my application is rejected?
No. An objection is the examiner raising concerns and inviting you to answer them. Many objected applications go on to register once a proper reply is filed. A refusal only comes later, if the reply and any hearing do not satisfy the registrar.
What is the difference between a trademark objection and an opposition?
An objection comes from the examiner inside the registry, during examination. An opposition comes from an outside party after your mark is published in the journal. They arise at different stages and are handled very differently.
Is there a government fee for replying to an examination report?
No. Neither the written reply nor the show cause hearing carries a government fee. Any cost is the professional fee of whoever drafts and argues it for you.
What is the difference between a Section 9 and a Section 11 objection?
Section 9 concerns your mark itself — that it is descriptive or not distinctive enough. Section 11 concerns an earlier mark that the examiner considers too similar to yours. They need completely different replies, and answering the wrong one is a common mistake.
Can I still use my brand while an objection is pending?
Yes. An objection does not stop you using the mark or the ™ symbol. Only ® has to wait, and that requires actual registration.
What happens if I do not attend the show cause hearing?
Under Rule 33(7), if you fail to appear and no reply to the objection has been filed, the registrar may treat the application as abandoned. Non-appearance is treated as giving up, not as neutral.
Can I appeal if my trademark is refused?
Yes. Under Section 91 of the Trade Marks Act, 1999, an appeal lies to the concerned High Court within three months of the refusal order being communicated. Whether it is worth appealing depends on the grounds and on whether refiling a modified mark would be faster.