Trademark Objection Reply
An examination report is not a refusal. It is a question you have 30 days to answer, and applications are abandoned far more often by silence than by rejection.
What an objection actually means
Most trademark applications in India receive an examination report. Getting one does not mean your mark is refused — it means the examiner has raised a point you must answer in writing, with reasons and, where it helps, evidence.
There are two grounds it will come under, and they need completely different answers:
- Section 9 — absolute grounds. The examiner says the mark is descriptive, generic, or not distinctive enough to belong to one trader. The reply argues distinctiveness, and evidence of actual use in the market carries real weight here.
- Section 11 — relative grounds. The examiner has found earlier marks that are identical or deceptively similar. The reply distinguishes your mark from the cited ones, on the mark itself, the goods or services, and the customers.
A reply that answers the wrong ground, or answers only some of the objections raised, tends to come back as a hearing you were not expecting.
The 30-day clock
| Detail | |
|---|---|
| Deadline | 30 days from receipt of the examination report |
| Filed through | The IP India online portal, in Form TM-M |
| If you miss it | The application can be treated as abandoned |
| Extension | Possible on payment of the prescribed fee — but do not plan around it |
| After the reply | The Registrar may accept it, or call a personal hearing |
| If accepted | The mark is published in the Trade Marks Journal, opening a window for third-party opposition |
Abandonment for not replying is the outcome we see most often, and it is entirely avoidable. It usually happens because nobody was watching the application status — the report goes to the registered email and agent, and if the filing was done casually, nobody is checking.
Dates, fees and form numbers on this page were checked on 5 September 2026. Government timelines change; if you are reading this much later, confirm with us before you rely on it.
What we need to draft a reply
- The application number and a copy of the examination report
- The date you received it — this sets the deadline and it is the first thing we check
- Evidence of use if you have it: invoices, packaging, advertising, social media, anything dated showing the mark in the market
- When you first started using the mark, and in which states
- For a Section 11 objection, why your customers are not the same as those of the cited marks
Common questions
Send us your case
Send us your application number and the examination report. We will tell you which ground it is under and how long you have left, at no cost.
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