How to reply to a trademark examination report in India
Your trademark status says "Objected"? Here's what an examination report means, the one-month deadline to reply, the usual grounds for objection, and what happens next.
After you file a trademark in India, an examiner at the Registry checks it. If they have concerns, they issue an examination report and the status changes to Objected. This is common, and a well-argued reply often gets the mark accepted.
The deadline: one month
You have one month from the date of the examination report to file your reply. If no reply is filed, the application can be treated as abandoned.
The date that counts is the date on the report, so it pays to know about a new report quickly. TM Manager picks up new reports on your marks and creates the reply task for you.
Common grounds for objection
| Ground | What it means | Typical reply |
|---|---|---|
| Section 9: not distinctive | the mark describes the goods (Fresh Milk for milk), is a common word, or a place name | show the mark is distinctive, or has become known through use (sales, ads, years of use) |
| Section 11: similar to an earlier mark | the examiner cites earlier marks that look or sound alike, for similar goods | show the marks differ overall, the goods differ, or that you've used yours honestly for years |
| Formalities | a wrong class, an unclear description of goods, missing documents | correct the details |
An examination report can raise more than one ground. Answer each one.
What happens after you reply
- The examiner reviews your reply.
- If satisfied, the mark is accepted and published in the Trade Marks Journal for opposition.
- If not, a show cause hearing is scheduled where you (or your attorney) argue the case.
- After the hearing, the mark is accepted or refused.
How TM Manager helps
- A task for every report: when an examination report is issued on a mark in your portfolio, an Examination Report Reply task is created with its due date, one month from the report's date.
- Late listings flagged: if the Registry lists a report on the e-register more than a week after its date, TM Manager flags it under Late examination reports, shows both dates, and lets you choose which due date the task uses.
- The report in one click: open the examination report straight from the task.
- Hearings tracked: if a show cause hearing is scheduled, it becomes a task with the hearing date and slot.
- Done when filed: when your reply appears on the Registry, the task is marked completed.
- See who you're up against: for a section 11 objection, open each cited mark and check its status. A cited mark that is abandoned or removed weakens the objection.
Quick checklist
- Read the report and list every ground.
- Note the due date: one month from the report's date.
- For cited marks, check their status, goods and owner.
- Gather evidence of use if the mark's distinctiveness is questioned.
- File the reply, and watch for a hearing notice.
Related
- Tasks and trademark deadlines
- How to check if a trademark is available: avoid objections before you file.
- How to oppose a trademark in India
Updated about 5 hours ago