In short. A trademark examination report lists the Registrar's objections under the Trade Marks Act 1999, usually section 9 (lack of distinctiveness, descriptiveness) or section 11 (similar earlier marks). The applicant must reply in writing within one month of the report. A good reply answers each ground, attaches evidence, and offers amendments if needed. If objections remain, a show cause hearing is fixed before acceptance or refusal.
The status on the IP India portal reads 'Objected' and most applicants assume the worst. They should not. An examination report is the start of an argument, not a refusal, and a large share of objected applications are accepted after a proper reply. What sinks applications at this stage is not usually the objection itself; it is a missed deadline, a reply that does not engage with the specific ground raised, or a reply that makes promises about use that the applicant cannot prove.
This post deals only with the examination stage: reading the report, writing the reply, the evidence, and the hearing. The steps before and after are in trademark registration in India, step by step, and if your application survives examination but is then opposed by a third party, see trademark opposition: filing and defending. For the services side, our page on trademark and copyright registration sets out how we handle filings and objections.
- The law
- Sections 9, 11, 12 and 18, Trade Marks Act 1999; Trade Marks Rules 2017
- Deadline
- One month from the date of the examination report
- How to reply
- Online, against the application number, on the IP India portal
- Government fee
- None for the reply or the hearing; amendments on Form TM-M carry a small fee
- If not satisfied
- Show cause hearing, usually by video conference
- If refused
- Review by the Registrar, or appeal to the High Court within three months (section 91)
What is a trademark examination report?
It is the examiner's written view of your application. After the formal check, an examiner tests the mark against the grounds of refusal in the Trade Marks Act 1999. If the examiner finds nothing wrong, the mark is accepted and sent for advertisement. If there is a problem, the examiner issues a report setting out each objection, with the section relied on and, for a conflict with earlier marks, a list of those marks with their numbers, classes and owners.
You will find the report on the IP India portal under the application number, and a copy is emailed to the address on the application. The status changes to 'Objected' or 'Exam Report Issued'. Download it on the day it appears and read every page, including the search report annexed at the end; the cited marks are often listed there rather than in the body.
Reports are short and formulaic. A typical one might say that the mark 'is devoid of any distinctive character' under section 9(1)(a), or that 'the same or similar trade marks are already on record' under section 11(1), followed by a list. The brevity can make an objection look weaker or stronger than it is. Your job is to work out exactly which ground has been raised, and answer that ground, not a general case for registration.
How long do you have to reply to a trademark objection?
One month from the date of the report. Count it from the date on the report, not from the date you happened to notice it, because that is how the Registry will count it. Do not plan on an extension; treat the month as fixed. If the deadline falls on a day the portal is down, file the moment it is back and keep screenshots of the error, because that is what you will rely on if the date is questioned.
If no reply is filed, the Registry can treat the application as abandoned. Reviving an abandoned application is possible in some cases, for example where the report was never properly served or was sent to a wrong address, by applying to the Registrar to review or, failing that, by a writ petition before the High Court. Those routes take time and are uncertain. A fresh application is often the fallback, but it carries a new filing date, and in the meantime someone else may have filed.
The most common reason replies are missed is boring: the application was filed by a former employee, an online filing service or a relative, with their email on it. If you are not sure whose email is on your application, check the portal today and update the address by a request on Form TM-M.
Common trademark objections and how they are usually answered
Most reports raise one or more of these. The right answer depends on the mark and the evidence, but the pattern is consistent.
| Objection | What the examiner is saying | Typical answer | Evidence that helps |
|---|---|---|---|
| Section 9(1)(a): not distinctive | The mark cannot tell your goods apart from others | The mark as a whole is coined, arbitrary or at most suggestive | Dictionary checks, use evidence, sales figures |
| Section 9(1)(b): descriptive | The mark describes kind, quality, purpose, place or other characteristics | The words need imagination to connect to the goods; or acquired distinctiveness through use | Long and substantial use, advertising spend, market recognition |
| Section 9(1)(c): customary in the trade | The words are commonly used in your trade | Not used by others as a trade term; or disclaim the common word | Market survey, absence of third-party use |
| Section 9(2): deceptive or offensive | The mark may mislead about the goods or hurt sentiment | Clarify meaning; limit the specification so the mark is accurate | Explanation of origin of the name |
| Section 11(1): similar earlier marks | Earlier identical or similar marks exist for similar goods | Marks differ as a whole; goods or trade channels differ; cited marks not live | Status of cited marks, use evidence, consent letters |
| Section 11 with honest concurrent use | Similar earlier mark exists | Section 12: honest concurrent use or special circumstances | Years of open use, invoices, no actual confusion |
| Formal defects | Applicant name, class, specification, TM-48, translation | Correct by amendment on Form TM-M | Incorporation certificate, partnership deed, corrected list |
The sections behind trademark objections
Read the report against the actual text of these provisions. The words matter, because a good reply uses them.
Section 9(1), absolute grounds
A mark shall not be registered if it is devoid of distinctive character (clause a), consists exclusively of marks that designate the kind, quality, quantity, intended purpose, values, geographical origin or time of production of the goods or services (clause b), or consists exclusively of marks that have become customary in the current language or in bona fide trade practice (clause c). Note the word 'exclusively': a mark that contains a descriptive word along with something more is not caught by clause (b) on that ground alone.
The proviso saves a mark that has acquired a distinctive character as a result of use before the date of application, or is a well-known trade mark. This is the route for long-used descriptive names.
Section 9(2) and 9(3)
Section 9(2) bars marks likely to deceive or cause confusion, marks likely to hurt religious susceptibilities, scandalous or obscene marks, and marks prohibited under the Emblems and Names (Prevention of Improper Use) Act 1950. Section 9(3) bars shapes that result from the nature of the goods, are necessary to obtain a technical result, or give substantial value to the goods.
Section 11, relative grounds
Section 11(1) bars a mark that is identical to an earlier mark for similar goods, or similar to an earlier mark for identical or similar goods, where there is a likelihood of confusion on the part of the public, including a likelihood of association. Section 11(2) protects well-known marks even for dissimilar goods. Section 11(4) allows registration where the proprietor of the earlier mark consents.
Section 12, honest concurrent use
Where there has been honest concurrent use, or other special circumstances, the Registrar may permit registration of identical or similar marks by more than one proprietor, subject to conditions. It is a discretion, and it turns entirely on evidence of how long, how openly and how honestly the mark has been used.
Section 17, rights in parts of a mark
Registration of a composite mark gives exclusive rights in the mark taken as a whole. Where part of the mark is common to the trade or not distinctive, the registration does not give exclusive rights over that part on its own. This is the basis for the disclaimers and limitations examiners often accept.
How to answer a section 9 objection
Start by placing the mark on the spectrum examiners and courts use. A generic word for the goods ('Biscuit' for biscuits) cannot be registered. A descriptive word ('Crispy' for biscuits) can be registered only with proof of acquired distinctiveness. A suggestive mark, which hints at a quality but needs a step of imagination ('Crunchmate' for biscuits), is registrable. An arbitrary mark (a real word with no connection to the goods, like 'Monsoon' for biscuits) and a coined word (invented, like 'Bixora') are the strongest. Most section 9 replies argue that the mark is suggestive, not descriptive, and the argument is won or lost on whether the connection to the goods is immediate or needs thought. If you are still choosing a name, apply the same spectrum before filing; our post on legal checks before you launch a brand name shows how.
Argue the mark as a whole. Examiners sometimes break a mark into parts and object that each part is descriptive. Indian law tests the mark as a whole, as the buyer sees it. 'Pahadi Chuski' is not the same as 'pahadi' plus 'chuski'; the combination may be distinctive even if each word alone describes something. Point out any misspelling, invented combination or unusual juxtaposition. For a foreign or vernacular word, explain whether ordinary buyers of these goods in India would understand it as describing the product; often they would not.
Where the mark really is descriptive but has been used for years, rely on the proviso to section 9(1): acquired distinctiveness before the date of application. The evidence must show that buyers have come to treat the words as pointing to your business, not just that you have used them. That means years of use, sales figures across those years, advertising spend, geographic spread, press coverage, and ideally evidence that customers and trade use the name to refer to you. A user affidavit with a handful of recent invoices will not get a descriptive mark through.
The last tool is a concession. Offer a disclaimer of exclusive rights in the descriptive word, or limit the specification to the goods where the mark is not descriptive. A disclaimer does not cost much in practice if the mark's strength lies in the combination, and it often turns a likely refusal into an acceptance. What it does mean is that you will not be able to stop others from using that word alone, so think about where the brand's value really lies before you give it.
How to answer a section 11 objection (similar marks cited)
When Advocate B.K. Singh reads a section 11 objection, the first thing he does is open each cited mark's file on the portal before thinking about any argument. A surprising number of cited marks turn out to be abandoned, refused, withdrawn, removed for non-renewal, or registered for goods that have nothing to do with the application. Each such mark can be dealt with in a line. What is left is the real conflict, and the reply can concentrate on it.
For the marks that remain, compare them with yours as a whole, visually, phonetically and in idea. Indian courts ask whether a person of average intelligence and imperfect recollection would be likely to be confused (the Supreme Court set out factors for deceptive similarity in Cadila Health Care v Cadila Pharmaceuticals, 2001: the nature of the marks, the degree of resemblance, the nature of the goods, the class of buyers and their likely care, and the mode of purchase). A common prefix or a shared descriptive word is rarely enough by itself. 'Sunrise' and 'Sunshine' may sound related, but if the dominant parts differ, and the goods are bought with care by professional buyers, confusion is unlikely.
Then compare the goods and trade channels. A mark cited because it is in the same class may cover very different goods: class 9 contains both industrial batteries and mobile apps. If the goods differ in nature, purpose, buyers and channels of sale, say so, and offer to delete overlapping items from your specification if that removes the conflict. A narrowed specification that gets registered is worth more than a broad one that is refused.
If you have used your mark openly for a period alongside the cited mark, without confusion, rely on section 12 (honest concurrent use) with evidence: dates, sales, geography, and the absence of any complaint from the cited proprietor. If you know the owner of the cited mark, a letter of consent under section 11(4), or a co-existence agreement that sets out who uses the mark for what, is often the quickest answer. And if a cited mark has not been used for five years and three months after registration, you can apply to the High Court for its removal for non-use under section 47; that petition can clear the way for your application even if it takes time.
Formal and procedural objections
Some reports raise only formal points, and these are the easiest to cure, provided you cure all of them. Common ones: the applicant is a proprietorship named only by its trade name, so the proprietor's name must be added; a partnership is named without its partners; the class does not match the goods described; the specification uses vague terms ('all kinds of goods', 'accessories') that must be made specific; the TM-48 authorisation is missing; a translation or transliteration of non-English words is required; a claimed user date is not supported by an affidavit; or the image of the mark is unclear.
Fix these by a request on Form TM-M, filed with or before the reply, and say in the reply exactly what has been amended. Do not try to change the mark itself through an amendment. A material change to the mark, such as adding or removing a word or changing a logo's distinctive features, is not allowed after filing and needs a new application.
Evidence that persuades an examiner
File evidence with the reply as annexures, indexed and labelled. Evidence of use should be dated, show the mark as applied for, and cover the period you rely on.
Evidence of use
- Affidavit of use by the proprietor or a director, stating the date of first use
- Invoices bearing the mark, from the earliest date and then for each year
- Year-wise sales figures, certified by a chartered accountant
- Product photographs and packaging showing the mark
Evidence of distinctiveness
- Advertising and promotion spend, year by year
- Press coverage, trade directory listings and awards from the trade
- Website, marketplace and social media pages with dates, followers and reviews
- Distributor or dealer letters confirming the mark identifies your business
Against cited marks
- Status printouts of each cited mark from the portal
- Comparison chart: your mark against each cited mark, goods against goods
- Consent letter or co-existence agreement, if obtained
- Copy of any rectification or non-use petition filed against a cited mark
For printouts and screenshots
- Date and URL on each printout
- A certificate for electronic records, in the format your advocate advises
- Archive captures where the page has changed since
How to write and file the reply, step by step
Download the report and diary the deadline
Save the report and the search report annexed to it. Count one month from the date on the report and diary a working deadline a week earlier.
Check every cited mark
Open each cited mark on the portal and note its status, owner, class and goods. Mark the ones that are dead or unrelated; these are answered in a line each.
Decide your position on each ground
For each objection, decide whether you will argue it, concede part of it (a disclaimer or narrower specification), or both. Do not argue every point at full length if one clear answer settles it.
Collect the evidence
Gather invoices, sales figures, advertising material and screenshots for the period you rely on, and have the user affidavit drafted and signed.
Draft the reply
Address the report paragraph by paragraph, quote the ground, answer it with the section and the facts, and set out any amendments you offer. Keep it as short as the issues allow.
File amendments and the reply online
File Form TM-M for any amendments and then the reply against the application number on the portal, with annexures. Save the acknowledgment.
Watch for the next step
The status will change to accepted, advertised, or ready for hearing. If a hearing is fixed, prepare for it as a separate task; the reply is not enough on its own.
What goes into the reply itself
A reply that works usually has four parts. A short opening identifies the application, the mark, the applicant and the report. The body takes each objection in the order raised, states it, and answers it with the law and the facts, referring to annexures by number. A section on amendments sets out exactly what the applicant offers (deletion of certain goods, a disclaimer of a named word, a corrected applicant name) and confirms that the TM-M has been filed. A closing paragraph asks for the application to be accepted and advertised, and, in the alternative, for a hearing before any adverse decision.
Write it for a busy hearing officer who has many files that day. Lead with your strongest point. Use headings that match the objections. Avoid long passages copied from judgments; a short reference to the principle, with the case name if it is well known, is enough. Never make a factual claim in the reply that is not supported by an annexure, and never claim use from a date earlier than the one on your application without explaining why.
If you rely on printouts of websites or social media, remember they are electronic records. A certificate for electronic records strengthens them, and the requirement is explained in our post on electronic evidence and the section 63 BSA certificate. The Registry is not a court, and hearing officers take a practical view, but evidence that would hold up in court carries more weight in an examination too.
What happens at the show cause hearing?
If the examiner is not satisfied by the written reply, the Registry issues a hearing notice with a date and time, and the status reads 'Ready for Show Cause Hearing'. Hearings are now held mostly by video conference, and the notice gives the link. A senior examiner or hearing officer conducts it. The hearing is short, often ten to twenty minutes, and the officer will usually have read the reply.
Prepare a one or two page note of submissions, and file it before or right after the hearing if the officer permits. At the hearing, go straight to the points the officer raises; do not read the reply aloud. Be ready to offer the concession you planned for (a disclaimer, a narrower specification) if the officer is not persuaded on the main argument. Officers frequently accept a mark at the hearing on a condition, and an applicant who has thought about acceptable conditions beforehand comes out with a registration.
Adjournments are possible for genuine reasons, but they are not unlimited, and an officer can decide the matter in your absence if you do not appear. If you miss a hearing, check the order and act quickly. The decision is recorded on the portal; a refusal comes with reasons, which you need for any review or appeal.
Accepted with conditions: what a disclaimer or limitation means
An acceptance can carry conditions, recorded on the register: 'Registration of this trade mark shall give no right to the exclusive use of the word X', or a limitation of the goods to a narrower description, or a limitation to certain colours. These conditions matter later. In an infringement suit or an opposition, your rights are measured by the registration as conditioned. If you disclaimed 'Fresh' and someone else uses 'Fresh' with a different distinctive name, you cannot stop them on the strength of your registration.
So weigh a condition before accepting it. If the brand's value is in the distinctive part of the mark, a disclaimer of the descriptive part costs almost nothing. If the descriptive word is the brand, a disclaimer leaves you with a registration that protects little, and it may be better to build the evidence of acquired distinctiveness, or to file a new and stronger mark alongside.
A made-up example: a cited mark that was not what it seemed
Here's a made-up example. A Ghaziabad company applies to register 'Kavach Pro' in class 9 for mobile phone screen guards and cases. The examination report raises section 11(1) and cites four earlier marks: 'Kavach' for fire extinguishers (class 9), 'Kavach' for computer antivirus software (class 9), 'Kawach Plus' for mobile accessories (class 9), and 'Kavach' for insurance services (class 36).
The status check takes an hour. The insurance mark is in a different class and was cited only because of the word; it is answered in two lines. The fire extinguisher mark covers goods with different buyers and trade channels. The antivirus mark is the closest in name, but the goods are software, sold to a different need, and the specification of the application is narrowed to 'physical protective cases and screen guards for mobile phones' to make the difference plain. 'Kawach Plus' is the real problem: its file shows it was abandoned two years ago for want of a reply.
The reply deals with all four, attaches status printouts and the amended specification, and argues that 'Kavach Pro' as a whole, for the narrowed goods, is not likely to be confused with any live cited mark. The examiner still lists the matter for hearing, because of the antivirus mark. At the hearing the officer accepts the mark with the narrowed specification. It goes to advertisement, where a different and real fight could still arise, but the examination stage is over.
If the mark is refused: review, appeal or a fresh filing
A refusal is a decision of the Registrar, and there are three ways forward. You can ask the Registrar to review the decision under section 127, which suits cases where the refusal overlooked material on record; the window for this is short, so act within days. You can appeal to the High Court under section 91 within three months of the date the order is communicated. Since the Intellectual Property Appellate Board was abolished in 2021, these appeals go to the High Court, and in Delhi they are heard by the Intellectual Property Division of the Delhi High Court.
An appeal makes sense where the refusal is wrong in law or ignores evidence and the mark is worth the cost of a High Court proceeding. Often the more practical route is a fresh application for a modified mark (a stronger distinctive element, a narrower specification) while you continue using the original mark and build evidence. Whatever you do, do not stop using the brand just because registration was refused; refusal of registration does not, by itself, stop you from using a mark that does not infringe anyone else's rights, though it does mean you will need to rely on passing off rather than infringement to protect it. The difference is explained in trademark infringement vs passing off.
Mistakes that lose objected applications
- Missing the month. The report sat in an unread inbox, and the application was abandoned without any argument.
- A template reply. Generic paragraphs about the mark being 'unique and distinctive' that do not engage with the specific section or the cited marks persuade nobody.
- Arguing what was not raised. Long pages on section 11 when the objection was under section 9 waste the officer's patience.
- Evidence that does not match. Invoices showing a different logo, a different entity or a later date than claimed undercut the whole reply.
- Refusing every concession. Holding out for a broad specification or no disclaimer when a reasonable condition would have secured registration.
- Not appearing at the hearing. A strong written reply can still be refused if no one shows up to answer the officer's questions.
- Abandoning the brand after a refusal. Refusal of registration is not an order to stop using the mark, and the next filing can learn from the refusal.
What to do the day you get the examination report
- Download the report, including the search report, and save it with the application papers.
- Write down the deadline: one month from the date on the report.
- Check the email address on the application and update it if needed.
- Open each cited mark on the portal and note its status and goods.
- Locate your earliest dated invoice and year-wise sales figures for the mark.
- Decide what concessions you could live with: a disclaimer, narrower goods.
- Book time with your advocate in the first week, not the last.
Should you reply yourself?
A purely formal objection (a missing partner's name, a vague term in the specification) can often be fixed by the applicant with a careful amendment. Section 9 and section 11 objections are different. They turn on legal tests, on choosing what to concede, and on evidence that has to be assembled properly, and the reply you file becomes part of the record that an opponent or a court will later read. A concession made casually now can limit what you can enforce for years.
If you have an objected application and the month is running, the team of Advocate B.K. Singh at B.K. Singh & Associates can read the report and the cited marks with you and tell you which points are serious and what the reply should concede. You can write to us through the online legal enquiry form, and our page on trademark and copyright laws describes the wider practice.
Frequently asked questions
What does 'objected' mean in trademark status?
It means the examiner has issued an examination report raising one or more objections to your application. It is not a refusal. You have one month from the report to file a written reply, after which the mark is accepted or listed for a hearing.
What is the time limit to reply to a trademark examination report?
One month from the date of the report. Count from the date on the report, not from when you saw it, and do not rely on getting an extension. If no reply is filed, the application can be treated as abandoned.
Is there a government fee to reply to a trademark objection?
No. The reply itself and the hearing carry no official fee. If you amend the application, for example to correct the applicant's name or narrow the goods, the amendment is filed on Form TM-M with a small fee.
What is a section 9 objection in a trademark?
It is an objection on absolute grounds: the mark is said to lack distinctive character, to describe the goods or services, or to be customary in the trade. It is answered by showing the mark is distinctive as a whole, or that it has acquired distinctiveness through use before the application date.
What is a section 11 objection in a trademark?
It is an objection on relative grounds: the examiner has found earlier identical or similar marks for similar goods or services, which are listed in the report. You answer by showing the marks are different as a whole, the goods differ, the cited marks are not live, or by consent or honest concurrent use.
Can I change my trademark after an objection?
You can amend the applicant details, the specification of goods and services, and add a disclaimer, through Form TM-M. You cannot make a material change to the mark itself. For a changed mark you need a new application.
What happens at a trademark show cause hearing?
A hearing officer of the Registry hears you, usually by video, on the objections that the written reply did not settle. It is short, and the officer may accept the mark outright, accept it on conditions such as a disclaimer or narrower goods, or refuse it with reasons.
What is acquired distinctiveness in trademark law?
It is the proviso to section 9(1): a descriptive mark can be registered if, through use before the application date, buyers have come to see it as identifying one business. It needs strong evidence such as years of sales figures, advertising spend and market recognition, not just a few invoices.
Does a disclaimer weaken my trademark?
It removes your exclusive right over the disclaimed word on its own, while keeping your rights in the mark as a whole. If the brand's value is in the distinctive part of the mark, the cost is small. If the disclaimed word is the brand, think carefully before agreeing.
Can I keep using my brand if the trademark is refused?
Refusal of registration does not, by itself, stop you using the mark, provided you are not infringing someone else's rights. You lose the benefit of an infringement action, and will need to rely on passing off if someone copies you.
How do I appeal a trademark refusal?
You can ask the Registrar to review the order, or appeal to the High Court under section 91 of the Trade Marks Act within three months of receiving the order. In Delhi, these appeals go to the Intellectual Property Division of the Delhi High Court.
Can an earlier mark cited against me be removed?
If the cited mark has not been used for five years and three months after registration, you can apply to the High Court to remove it for non-use under section 47. A cited application that has been abandoned or refused is simply pointed out in the reply.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.