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Trademark Objection & Examination Reply
A trademark objection is raised by the examiner at the Trade Marks Registry, in an examination report, when an application does not appear to meet the Trade Marks Act, 1999. The applicant has one month from receiving the report to file a written reply, and an application with no reply may be treated as abandoned.
Most objections fall under two provisions. Section 9 covers marks that are descriptive, not distinctive or otherwise unsuitable in themselves. Section 11 covers marks that are identical or similar to an earlier mark for the same or similar goods or services. The reply has to deal with each ground the examiner has raised.
When you need it
When the status shows “Objected”
The Registry’s online status changes to “Objected” when an examination report is issued. The one-month period runs from when the report is received.
When earlier marks are cited
The report lists the conflicting marks found in the examiner’s search. Each one needs to be answered on how the marks and the goods differ.
When the mark is called descriptive
An objection under section 9 can often be met with evidence that the mark has become distinctive through use.
When a hearing notice arrives
If the written reply does not persuade the examiner, the application is listed for a hearing, usually held by video conference.
When an application has been refused
A refusal can be challenged by a review before the Registrar or by an appeal to the High Court, each within a fixed time.
How the process works
Five stages, from the report to the Registrar’s decision. Timings are typical, not promised.
- 1
Read the examination report
On receiptIdentify each ground raised and each earlier mark cited, and check the date the report was received, because the one-month period for the reply runs from that date.
Documents
- The examination report
- The application as filed
- 2
Assess the grounds
A few working daysFor a section 11 objection, compare the marks, the goods and services, and the status and use of each cited mark. For a section 9 objection, consider whether the mark is distinctive in itself or has become so through use.
- 3
Gather evidence
Depends on the records availableWhere the mark is in use, collect evidence of that use and set it out in an affidavit. Where it would help, obtain a consent letter from the owner of a cited mark, or narrow the goods and services.
Documents
- Invoices, advertisements and sales figures showing use of the mark
- A user affidavit
- Any consent or coexistence letter
- 4
File the reply
Within one month of receiving the reportFile a written reply that answers each ground with reasons, case law where it helps, and the evidence. Any amendment to the application is requested at the same time.
- 5
The hearing
Set by the RegistryIf the examiner is not satisfied, the application is set down for a hearing, where the arguments are presented to a hearing officer. The officer may accept the mark, accept it with conditions or limitations, or refuse it.
Common questions
It means the examiner has issued an examination report raising one or more objections. It is a routine stage, not a refusal. The application continues if a reply is filed in time and the objections are overcome.
An objection comes from the Registry’s examiner during examination. An opposition comes from a third party after the mark has been accepted and advertised in the Trade Marks Journal. They follow different procedures.
One month from the date the report is received, under Rule 33 of the Trade Marks Rules, 2017. If no reply is filed in that time, the Registrar may treat the application as abandoned.
Section 9 concerns the mark itself: it describes the goods, is a common word in the trade or lacks distinctiveness. Section 11 concerns other people’s rights: the mark is too close to an earlier mark for similar goods or services.
Sometimes. A mark that has acquired a distinctive character through use before the application date is not refused under section 9(1). That has to be shown with evidence, such as sales, advertising and the length of use.
The applicant can ask the Registrar to review the decision, or appeal to the High Court under section 91 of the Act. Both have time limits that run from the date the decision is communicated, so the options should be considered promptly.
Yes, within limits. The goods and services can be narrowed, and clerical errors corrected. The mark itself cannot be changed in a way that substantially alters its identity.
Related
To discuss a trademark objection, write to info@ireniclegal.com or call +91 96547 47331. Written by Adv. Kanika Marwaha Bindal; last updated 7 October 2026.