Trademark Objection Reply
Reply to the examination report on your trademark application within one month, under the Trade Marks Act, 1999 and rule 33 of the Trade Marks Rules, 2017, with representation at the show-cause hearing. Corpseed drafts and files; the Registrar decides.
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Replying to a trademark examination report
After you apply for a trademark, the Trade Marks Registry examines the application under the Trade Marks Act, 1999. The checks are mainly section 9 (absolute grounds), section 11 (conflict with earlier marks) and section 13. If the examiner has no objection, the application is accepted and published in the Trade Marks Journal. If there are objections, the Registry issues an examination report setting out the objections.
You must reply to the examination report within one month of receiving it (rule 33(4) of the Trade Marks Rules, 2017). Otherwise the Registrar may treat the application as abandoned.
Corpseed reviews the objections, drafts the reply with supporting evidence, files it, and represents you at the show-cause hearing if one is fixed. The Registrar decides. Corpseed is not part of the Trade Marks Registry.
Not filed yet? See Trademark Registration.
Common grounds of objection
Section 9: absolute grounds
Under section 9(1), a mark may be refused if it:
- lacks distinctive character, so it cannot distinguish your goods or services from those of others;
- consists only of words or signs that describe the goods or services, such as their kind, quality or quantity; or
- has become customary in everyday language or in established trade practice.
A mark is not refused on these grounds if, before the application date, it acquired a distinctive character through use or is a well-known mark (proviso to section 9(1)).
Under section 9(2), a mark is refused if it is likely to deceive the public or cause confusion, contains matter likely to hurt the religious feelings of any class of citizens, contains scandalous or obscene matter, or its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
Section 11: conflict with an earlier mark
A mark is refused if it is identical or similar to an earlier trademark for identical or similar goods or services, and this creates a likelihood of confusion among the public (section 11(1)).
Where there is honest concurrent use or other special circumstances, the Registrar may allow registration of similar marks for more than one owner, with conditions (section 12).
Formal requirements
An examination report can also ask for documents or corrections in the application. These are met by supplying what the Registry asks for or by explaining why it is not needed.
What the reply contains and how it is filed
- Point-by-point answer: the reply deals with each objection in the report and gives legal grounds and facts.
- For a section 9 objection: explain why the mark is distinctive for your goods or services. Where the mark has been used, show that it had acquired distinctiveness before the application date.
- For a section 11 objection: show how the marks, the goods or services, or the trade channels differ. Where it applies, rely on honest concurrent use under section 12.
- Evidence: an affidavit and supporting documents (for example invoices, advertisements or sales figures) can be filed with the reply.
- Filing: the reply is filed online through IP India's Comprehensive e-Filing Services against your application number, or physically at the Registry.
- Government fee: rule 33 does not prescribe a form or fee for the reply itself. Other requests, if needed, carry the fees in the First Schedule to the Rules.
From examination report to decision
- Examination report issued with the office objections.
- Reply within one month of receiving the report (rule 33(4)). IP India's operating process gives this as 30 days from receipt.
- No reply: the Registrar may treat the application as abandoned (rule 33(4)). Under section 132 of the Act, the Registrar can also issue a notice to remedy a default in prosecuting the application and treat it as abandoned if the default is not remedied.
- Reply accepted: the application is advertised in the Trade Marks Journal (rule 33(5)). Anyone may oppose it within three months of advertisement, extendable by up to one month (section 21(1)).
- Reply not accepted, or you ask for a hearing: the Registrar gives you a hearing (rule 33(6)). This is the show-cause hearing. Hearing notices are issued through the Registry's system, and hearings may be held by video conference (rule 115).
- Hearing: if you neither reply nor appear, the application may be treated as abandoned (rule 33(7)). Otherwise the Registrar passes an order (rule 33(8)).
- Refusal: the Registrar must record the grounds and the material relied on in writing (section 18(5)). An appeal lies under section 91 within three months of the order being communicated.
Fees and timeline
- Reply deadline: one month from receipt of the examination report (rule 33(4)).
- Government fee for the reply: none is prescribed in rule 33. Fees for other requests are those in the First Schedule to the Trade Marks Rules, 2017, shown on the e-filing portal.
- After the reply: the time to a decision depends on the Registry's consideration of the reply and, if needed, the hearing schedule. The Registry allots cases serially by date.
Why Corpseed
Corpseed reads the examination report, checks the cited marks, and drafts a reply that answers each objection with the evidence you have. We file it within the deadline and prepare you for the show-cause hearing if one is fixed. The Registrar of Trade Marks makes the decision.
Connect With Corpseed
Connect with the Corpseed team to discuss your requirements at IVR: 7558640644 or hello@corpseed.com. It takes 20–25 minutes to discuss the requirement.
Dedicated Manager
Once you discuss the requirement, we will align a dedicated Account Manager to understand your business needs and assist throughout the process.
Real Time Update
Track the progress of your application and always know what’s in progress and what’s done.
Job Completed
Once the job is completed, you will receive registrations & certifications directly to your email ID and at your doorstep.
Frequently Asked Questions
Quick answers to common questions about this service.
What is a trademark objection?
It means the Trade Marks Registry raised objections when it examined your application, usually under section 9 or section 11 of the Trade Marks Act, 1999. The objections are set out in the examination report, which you must answer.
How long do I have to reply?
One month from the date you receive the examination report (rule 33(4) of the Trade Marks Rules, 2017).
What happens if I do not reply in time?
The Registrar may treat the application as abandoned. IP India's operating process says the application is abandoned for want of reply.
What are the most common objections?
Lack of distinctiveness or a descriptive mark (section 9(1)), and similarity to an earlier mark for similar goods or services (section 11(1)).
What happens after I reply?
If the Registrar accepts the reply, the mark is advertised in the Trade Marks Journal. If not, or if you ask for one, a show-cause hearing is fixed, after which the Registrar passes an order.
Can the show-cause hearing be attended online?
Yes. Rule 115 allows hearings by video conferencing or other audio-visual means.
Is there a government fee to file the reply?
Rule 33 does not prescribe a form or fee for replying to an examination report. Other requests carry the fees in the First Schedule to the Rules.
Is an objection the same as an opposition?
No. An objection is raised by the Registry during examination. An opposition is filed by another person after your mark is advertised in the Journal, within three months, extendable by up to one month (section 21(1)).
What if the Registrar refuses the application?
The Registrar must record the grounds in writing (section 18(5)). The order can be appealed under section 91 within three months of it being communicated to you.
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