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Key Takeaways
- Reply within one month of receiving the examination report, or the Registrar may treat your application as abandoned (Rule 33(4), Trade Marks Rules, 2017).
- Filing the reply costs nothing in government fees. Extra time, if granted, needs Form TM-M (Rs 900) and is capped at one month (Rule 109).
- Objections come under Section 9 (the mark itself is weak: descriptive, non-distinctive, deceptive) or Section 11 (it clashes with an earlier mark).
- Answer every ground separately, attach proof of use, and ask for a hearing if you want to argue the case in person.
- Only you, a legal practitioner, a registered trademark agent or your own full-time employee can file it (Section 145), with Form TM-M authorisation for anyone other than you.
How do you reply to a trademark objection in India? Log in to the IP India trademark e-filing portal, choose the reply to examination report option for your application number, and upload a written reply that answers each objection with legal reasons and evidence. File it within one month of receiving the examination report. If the Examiner isn't satisfied, a show cause hearing is scheduled.
You filed your trademark, checked the status a few weeks later, and it now says Objected. That sounds bad, but it isn't a rejection. It means the Examiner at the Trade Marks Registry has a concern and wants you to answer it. Most objections are standard ones (too descriptive, too close to an earlier mark), and a clear, well-supported reply often gets the mark through.
This guide explains what the objection means, the deadline, the two types of grounds, how to write and file the reply, what evidence to attach and what it costs. Every rule and fee here is taken from the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 as published on the IP India website. If you haven't filed yet, start with our trademark registration guide.
What is a trademark objection?
During examination, the Registry checks your mark against the Act and searches for identical or similar earlier marks for the same or similar goods or services (Rule 33(1)). If the Registrar has a problem with accepting it, or wants to accept it only with conditions or amendments, the objection is sent to you in writing as an examination report (Rule 33(2)).
An objection is different from an opposition. People mix them up, so here is the short version:
| Trademark objection | Trademark opposition | |
|---|---|---|
| Raised by | Examiner at the Trade Marks Registry | Any third party, usually an earlier brand owner |
| When | During examination, before publication | After the mark is advertised in the Trade Marks Journal |
| Time to respond | One month from receiving the examination report | Counter-statement after the notice of opposition is served |
| How you respond | Written reply to the examination report, then hearing if needed | Counter-statement in Form TM-O, evidence, hearing |
| Official fee to respond | Nil | Rs 2,700 per class (e-filing) |
For the opposition side in detail, see our trademark objection and opposition guide.
How to check if your trademark is objected
- Open the IP India application status page and search by your application number.
- If the status reads Objected, an examination report has been issued.
- Download the report from the application's documents, or from the email the Registry sends to the address in your application. Rule 18 treats an email to the address you gave as valid service, so check spam folders too.
- Note the date you received the report. Your one-month window runs from there.
Common status labels you will see on the portal:
| Status | What it means | What you do |
|---|---|---|
| Formalities Chk Pass | Filing checks passed, waiting for examination | Nothing yet |
| Marked for Exam | Examiner is reviewing the application | Nothing yet |
| Objected | Examination report issued | Reply within one month |
| Accepted and Advertised | Published in the Trade Marks Journal | Watch for oppositions for four months |
| Opposed | A third party filed an opposition | File a counter-statement |
| Registered | Registration granted | Renew every 10 years (Section 25) |
| Abandoned | No reply or no appearance on record | Get advice quickly, or refile |
Check your status every two weeks or so after filing. Missing the report is the most common reason a good mark ends up abandoned.
What is the time limit to reply?
One month from the date you receive the examination report. Rule 33(4) of the Trade Marks Rules, 2017 says that if you don't respond within that month, the Registrar may treat the application as abandoned.
If you genuinely need more time, you can apply for an extension in Form TM-M (Rs 900 e-filing, Rs 1,000 physical). Under Rule 109 the Registrar grants it only if satisfied that the reasons justify it, and the extension can't exceed one month. Treat it as a safety net, not a plan. File the reply on time and add evidence later if needed.
Types of trademark objections
The examination report will cite one or both of two sections of the Trade Marks Act, 1999.
Section 9: absolute grounds (the mark itself)
These objections are about your mark, not anyone else's.
| Ground | Section | Example | How to answer |
|---|---|---|---|
| No distinctive character | 9(1)(a) | A plain word like "Best" for any goods | Show the mark as a whole is distinctive, or prove acquired distinctiveness through use |
| Describes the goods or services | 9(1)(b) | "Fresh Juice" for juices, "Fast Courier" for courier services | Argue it is suggestive, not descriptive, or prove use before the filing date |
| Customary in the trade | 9(1)(c) | A term every seller in the trade uses | Show it isn't common in your trade, with market evidence |
| Deceptive or confusing | 9(2)(a) | "Organic" for non-organic goods | Explain the real meaning, restrict the goods, or amend the mark |
| Hurts religious sentiment | 9(2)(b) | Names of deities used on unrelated goods | Usually needs a new mark |
| Scandalous or obscene | 9(2)(c) | Vulgar words | Usually needs a new mark |
| Prohibited emblems and names | 9(2)(d) | National emblem, names covered by the Emblems and Names (Prevention of Improper Use) Act, 1950 | Remove the element and amend |
| Shape of goods | 9(3) | A shape that results from the goods themselves or adds substantial value | Show the shape is not functional |
The most useful line in Section 9 is the proviso to Section 9(1): a mark shall not be refused if, before the date of application, it had acquired a distinctive character as a result of use or is a well-known trademark. That is why proof of use matters so much in a Section 9 reply.
Section 11: relative grounds (conflict with an earlier mark)
Here the Examiner has found an earlier registered or pending mark that is identical or similar to yours, for the same or similar goods or services, so that the public is likely to be confused (Section 11(1)). The report will list the cited marks.
How to answer a Section 11 objection:
- Compare the marks side by side. Show differences in look, sound and meaning, judged on the mark as a whole, not word by word.
- Compare the goods or services. Different products, buyers and sales channels make confusion less likely, even in the same class.
- Check each cited mark's status. A cited application may since have been abandoned, withdrawn or refused. Point this out.
- Honest concurrent use (Section 12). If you have used your mark honestly alongside the cited mark, the Registrar may allow both to be registered.
- Consent of the earlier owner (Section 11(4)). A written consent letter from the owner of the cited mark lets the Registrar register your mark.
Note that refusals based on a well-known mark in unrelated goods (Section 11(2)) or on passing off and copyright (Section 11(3)) can only be raised in opposition by the earlier owner, not by the Examiner on their own (Section 11(5)).
Choosing a clear, distinctive name and doing a proper trademark search before filing avoids most Section 11 objections.
Who can file the reply?
Under Section 145 of the Trade Marks Act, 1999, the reply can be filed by:
- The applicant directly, from their own IP India account.
- A legal practitioner (advocate).
- A registered trademark agent.
- A person in the applicant's sole and regular employment.
Anyone acting for you must be authorised in Form TM-M (Rule 19). This replaced the old TM-48 form under the 2002 Rules, so you may still see "TM-48" in older articles.
Documents and evidence to attach
The examination report tells you what the Examiner is worried about. Pick evidence that answers that worry, not everything you have.
Basic documents
- Copy of the examination report
- Your application details: number, class, mark and goods or services description
- Form TM-M authorisation, if someone else files for you
Evidence of use and distinctiveness (key for Section 9 and honest concurrent use)
- Dated invoices or bills showing the mark, ideally one or two per year from the claimed first-use date
- Advertisements, brochures, website and social media screenshots with dates
- Photos of product packaging and labels
- Yearly sales figures and advertising spend under the mark
- Press coverage, awards, customer letters
- An affidavit of use sworn by the applicant that ties all this evidence together
For Section 11 objections
- Status printouts of each cited mark
- A comparison table of your mark against each cited mark
- Consent letter from the earlier owner, if you have one
If you are a registered MSME or startup, keep your Udyam certificate or DPIIT recognition handy. It doesn't affect the objection, but it is what gets you the lower small-entity fee on forms like TM-A and expedited examination.
Trademark objection reply format
There is no prescribed form for the reply. A clear structure works best. Here is a format you can follow:
- To: The Registrar of Trade Marks, Trade Marks Registry, [office: Delhi / Mumbai / Kolkata / Chennai / Ahmedabad]
- Subject: Reply to Examination Report dated [date] for Application No. [number] in Class [number]
- Applicant details: Name, address, application number, mark, class and goods or services
- Background: When you adopted the mark, how long you have used it, and your business in two or three lines
- Reply to each objection: One heading per ground, quoting the objection and then your answer with the section of the Act it relies on
- Evidence list: Annexures numbered A1, A2, A3 with a one-line description each
- Prayer: A request to withdraw the objection and accept the mark for advertisement, and a request for a hearing if the Registrar is not satisfied
- Verification and signature: Signed by the applicant or authorised agent, with date and place
Sample paragraph for a descriptiveness objection under Section 9(1)(b):
The Examiner has objected that the mark "GREENLEAF" is descriptive of the goods in Class 30. The applicant submits that the mark is not a direct description of tea; it is a suggestive coined combination that needs imagination to connect with the goods. Without prejudice, the applicant has used the mark continuously since 2019, with sales of Rs 4.2 crore in FY 2025-26 (Annexure A2) and advertising spend of Rs 38 lakh (Annexure A3), so it had acquired a distinctive character before the date of application within the proviso to Section 9(1).
Write in plain language. The Examiner reads many replies a day, so short paragraphs, clear headings and a numbered evidence list help.
How to file the reply online: step by step
- Read the examination report twice. List every ground and every cited mark.
- Collect your evidence to match each ground. Get the affidavit of use sworn on stamp paper and notarised.
- Draft the reply using the format above. Answer each ground; one unanswered point is enough to keep the objection alive.
- Log in to the e-filing portal at ipindiaonline.gov.in with the account used for filing (or your agent's account).
- Choose the reply to examination report option, enter the application number and upload the reply and annexures as PDFs.
- Submit and save the acknowledgement. Check the status page after a few days to confirm the reply is on record.
- Watch for a hearing notice by email and on the IP India hearing cause lists.
If your reply also needs a change to the application, such as narrowing the goods or adding a disclaimer, file Form TM-M for amendment (Rs 900 e-filing) along with it.
What happens at the trademark hearing?
After you reply, one of three things happens:
- Accepted: the Registrar accepts your mark and it is advertised in the Trade Marks Journal (Rule 33(5)). It is then open to opposition for four months.
- Hearing scheduled: if the reply isn't satisfactory, or you asked for a hearing, the Registrar gives you a show cause hearing (Rule 33(6)).
- Order passed: after considering your reply or hearing you, the Registrar passes an order (Rule 33(8)).
Hearings follow Rule 115 and can be held by video conference, so you usually don't need to travel. At the hearing:
- Appear yourself or through your authorised agent.
- Keep your reply, evidence and a short note of your three strongest points ready.
- Answer the Hearing Officer's questions directly. New evidence can be filed if the officer allows it.
Don't skip it. If you didn't file a reply and also don't appear at the hearing, the application may be treated as abandoned (Rule 33(7)).
If the mark is refused, you can apply in Form TM-M within 30 days for the Registrar's written grounds of decision (Rule 36, Rs 900 e-filing). You need those grounds to file an appeal. A review of the Registrar's decision costs Rs 2,700 by e-filing.
What happens if you don't reply?
- The Registrar may treat your application as abandoned (Rule 33(4)).
- You lose your filing date, which decides priority against later applicants.
- A competitor can file the same or a similar mark, and you would face their earlier date.
- You'd need to file again and pay the TM-A fee again.
Trademark objection reply cost
Official fees from the First Schedule to the Trade Marks Rules, 2017:
| Item | Form | E-filing | Physical filing |
|---|---|---|---|
| Reply to examination report | None | Nil | Nil |
| Show cause hearing | None | Nil | Nil |
| Extension of time | TM-M | Rs 900 | Rs 1,000 |
| Amendment of application | TM-M | Rs 900 | Rs 1,000 |
| Written grounds of Registrar's decision | TM-M | Rs 900 | Rs 1,000 |
| Division of application | TM-M | Rs 1,800 | Rs 2,000 |
| Review of Registrar's decision | TM-M | Rs 2,700 | Rs 3,000 |
| Counter-statement to an opposition (per class) | TM-O | Rs 2,700 | Rs 3,000 |
Other costs are outside the official schedule: stamp paper and notary for the affidavit of use, and professional fees if an advocate or trademark agent drafts the reply. Those fees vary with how many grounds and cited marks you have to answer.
How to avoid trademark objections next time
- Pick an invented or arbitrary word. "Zorvex" for shoes is far stronger than "Comfort Shoes".
- Avoid plain descriptions, place names and common surnames used on their own.
- Search before you file on the IP India public search for identical and phonetically similar marks in your class.
- Choose the right class and describe the goods precisely. Our Nice classification guide lists all 45 classes.
- Keep dated proof of use from day one: invoices, ads and packaging. It is your best defence if an objection comes.
- Consider expedited processing under Rule 34 if speed matters. It costs Rs 20,000 per class for individuals, startups and small enterprises (Rs 40,000 for others), e-filing only, and examination is ordinarily done within three months.
Trademark rights also sit alongside copyright and patents. If you aren't sure which one protects what, read trademark vs copyright vs patent.
Sources:
- Trade Marks Act, 1999: Sections 9, 11, 12, 25 and 145 (IP India)
- Trade Marks Rules, 2017: Rules 18, 19, 33, 34, 36, 109, 115 and the First Schedule (fees) (IP India)
- IP India trademark filing process and application status
