What is a trademark examination report and why do brands get one?
After you file Form TM-A, an examiner at the Trade Marks Registry checks your mark. If everything is clear, the mark is accepted and advertised. If not, you get an examination report listing each ground of objection. It arrives by email and shows on the IP India portal, so check the email address on your application regularly. The report is not a refusal. It is the Registry saying "convince us", and objections are common in India, especially for names that describe the product.
What is the difference between a Section 9 and a Section 11 objection?
These are the two families of objection. They need very different replies, so read which one you have been given.
| Section 9 (absolute grounds) | Section 11 (relative grounds) | |
|---|---|---|
| The problem is | Your mark itself | An earlier mark that looks or sounds similar |
| Typical wording | Devoid of distinctive character; directly describes the goods; common in trade | Identical or similar to an earlier mark for the same or similar goods, likely to confuse the public |
| D2C example | "PureOrganic" for organic tea, "FastCharge" for power banks, a plain word for what you sell | Your invented name is one letter away from a registered skincare brand in the same class |
| Main answer | Show the mark is distinctive, or has become known through use | Show the marks or goods differ, or get the other owner's consent |
Section 9 covers marks lacking distinctive character, marks that describe kind, quality, quantity or intended purpose of the goods, and marks that have become customary in trade. A mark that would otherwise fail can still be accepted if, before the filing date, it had actually acquired a distinctive character through use. Section 9 also bars deceptive or offensive marks. Section 11 is about likelihood of confusion with an earlier mark, judged on overall impression: how it looks, sounds and what it suggests.
You can get both kinds in one report. You might also get a plain formalities point, such as a missing user date or a vague goods description.
How long do you have to reply to a trademark objection?
Under rule 33(4) of the Trade Marks Rules, 2017, you have one month from receipt of the examination report. Email service is treated as effective when sent, so the clock can start earlier than you expect. Treat the date on the report as day one.
An extension is possible but not a right. Rule 109 lets the Registrar extend time by not more than one month, on Form TM-M, if satisfied by your reasons. The e-filing fee on IP India's schedule for this kind of TM-M request is ₹900. Because it is discretionary, the safe plan is to file a proper reply inside the original month.
If you file nothing, the Registrar may treat the application as abandoned. That means you lose the filing date and the fee, and you would have to file again, possibly after someone else has filed a similar mark.
What should a good trademark objection reply contain?
A reply is a written legal response, usually filed online, that answers each ground one by one. Copy-paste replies do not work well. What helps depends on the objection:
- Legal arguments. Explain why the mark is distinctive or why it is not confusingly similar to the cited mark, using the actual goods and the overall impression of the marks.
- Evidence of use. For Section 9, show use before your filing date: dated invoices, marketplace listings and sales, packaging, advertising, website and press. Use after filing does not help on the distinctiveness point.
- User affidavit. A sworn statement of when use began, for which goods, and turnover under the mark, with the exhibits indexed. Loose screenshots carry less weight than a sworn affidavit.
- Consent or coexistence letter. For a Section 11 citation, a no-objection letter from the owner of the earlier mark can help. The Registrar may still decide whether confusion is likely, so it is not a guaranteed fix.
- A narrower goods list. Removing goods that overlap with the earlier mark can sometimes resolve a conflict. Be careful: you cannot add goods later, and cutting too much weakens your protection.
No one can honestly promise a success rate. Outcomes depend on the mark, the examiner, the evidence and the cited mark, and we do not quote percentages.
What happens at a show cause hearing for a trademark?
If the examiner is not satisfied by your reply, or you ask for a hearing, the Registrar must give you an opportunity to be heard (rule 33(6)). This is the show cause hearing. Hearings can be held in person or by video conference, and the hearing notice states the date and mode. A hearing officer listens to your attorney's arguments on the record already filed. Do not plan on introducing new evidence there, so put your best material in the written reply.
If you do not file a reply and do not appear, the application may be treated as abandoned. Missing a hearing after replying is a risk too, so ask for an adjournment in advance if you need one.
What are the possible outcomes after an objection?
- Accepted and advertised. The mark goes into the Trade Marks Journal and the opposition window opens. Some acceptances are conditional, for example on limiting the goods.
- Refused. The Registrar must give written grounds. A refusal can be appealed to the High Court, or you can refile a different mark. Ask your attorney about the appeal time limit straight away.
- Abandoned. No reply, or no appearance without a reply. There is no automatic way back.
Is a trademark objection the same as an opposition?
No. An objection comes from the Registry's own examiner, before advertisement. An opposition comes from a third party, after your mark is advertised in the Journal. Passing the first does not prevent the second. Our guide on how long trademark registration takes in India shows where each stage falls and how they affect the timeline.
Can you keep selling and use the ™ symbol while your mark is objected?
Yes. An objection does not stop you from selling. You can use ™ from the day you file, including during an objection. Do not use ®, which is for registered marks only. The real risk is commercial: if the mark is refused, you may have to rebrand, so avoid heavy spend on packaging and ads until the mark is accepted.
What does replying to a trademark objection cost?
IP India’s fee schedule lists no specific fee for the written reply itself, but check the current schedule before filing, as fees are revised from time to time. An extension request on Form TM-M has the small fee noted above. The main cost is professional drafting, and fees vary by firm and by how much evidence work is needed. Ask for a fixed written quote that covers the reply, the affidavit and a hearing if one is called. For filing fees (₹4,500 per class for individuals, startups and small enterprises, ₹9,000 for others), see our trademark registration service.
What we'd check in your case
Before drafting anything, we would read the report closely and sort the grounds into Section 9 or Section 11. Then we would check whether you have dated proof of use from before filing, whether the cited mark is still live and truly close to yours, and whether narrowing the goods costs you anything real. Sometimes the honest advice is to rebrand early instead of fighting a weak case. Send us the examination report on WhatsApp and we will tell you which route fits, with a fixed quote.
Not sure how this applies to you? Tell us what you sell and where. We'll tell you what you need, and what you don't, in a free 15-minute fit check.
Ask on WhatsAppRelated questions
What does "trademark objected" mean?
It means the examiner has issued an examination report against your application. It is not a final refusal. You can reply in writing, and if the examiner is still not satisfied you get a hearing before any decision is made.
Can I file a fresh application instead of replying?
You can, but a new filing costs a new fee and a new filing date. If the objection is that the name is too descriptive, or an earlier mark conflicts, the same problem may come back. It is usually better to assess the objection first, then decide between replying and refiling.
Do I have to attend the show cause hearing in person?
Not necessarily. Hearings can be held by video conference, and the notice states the mode. Your attorney can usually appear for you. Check the hearing notice for the date and mode, and do not miss it.
Does a consent letter from the other brand guarantee acceptance?
No. It helps on a Section 11 objection, but the Registrar still decides whether the public would be confused. A consent letter is stronger when the goods or marks also differ in a real way.
Is there a government fee to file the reply?
IP India’s fee schedule lists no specific fee for the written reply to an examination report; confirm on the current schedule before filing. An extension request on Form TM-M has a small fee (₹900 e-filing at last check). Confirm on IP India's fee page before filing.
See our service: Trademark registration →
Sources
- Rule 33, Trade Marks Rules 2017: examination, objection and hearing (TaxClue)
- Rule 109, Trade Marks Rules 2017: extension of time (TaxClue)
- Intepat: Trademark objection reply to an examination report in India
- Intepat: Trademark objection in India, meaning and next steps
- Treelife: Trademark objection reply and opposition
- IP India: Forms and Fees (Trade Marks Rules 2017)
- S.S. Rana: IP India Annual Report 2024-25 highlights
General information based on rules as of November 2026, not legal or tax advice for your specific case. Rules change; we confirm what applies to you before any filing.