Receiving a trademark examination report with objections is not a rejection — it is the examiner flagging issues that need to be addressed before the mark can be published. Most trademark objections are successfully overcome with a well-drafted reply. However, many applicants lose their trademarks not because the mark was weak, but because they responded poorly or missed the deadline. This guide tells you exactly what to do when you receive an examination report.
Step-by-Step Process
Common reasons for trademark objections
Section 9 objections (absolute grounds): The mark is descriptive of the goods or services (e.g., TASTY for food products), the mark is a common word or name in the relevant trade, the mark contains deceptive matter or is contrary to public policy, or the mark is purely geographical (e.g., MUMBAI SPICES). Section 11 objections (relative grounds): The mark is identical or similar to an earlier registered trademark, or the mark is identical to a well-known trademark that could cause confusion. Procedural objections: Wrong class selected, incomplete specification of goods or services, or the mark cannot be represented graphically.
Step 1 — Read the report and identify each objection
Read the examination report carefully. Identify each specific ground of objection. Look up the cited earlier marks (for Section 11 objections) on the IP India trademark search portal to understand how similar they are and what goods or services they cover. Assess the strength of each objection honestly — some are easy to overcome with a written reply, others require a hearing with strong evidence.
Step 2 — Draft and file your reply within 30 days
For Section 9 (descriptive) objections: argue that the mark is distinctive (not merely descriptive), provide evidence of prior use and acquired distinctiveness if applicable, include affidavits from traders or customers confirming the mark has become distinctive through use. For Section 11 (similarity) objections: distinguish your mark from the cited earlier mark through sound, appearance, and meaning, argue that the goods or services are in different classes or target different consumers. File the reply online on the IP India portal (ipindiaonline.gov.in) within 30 days. You can request a 30-day extension before the deadline expires.
Frequently Asked Questions
8 questions answered by our legal experts
1What is the deadline to respond to a trademark objection?
2What happens after I file the reply to an objection?
3What is a trademark hearing and how do I prepare for it?
4Can I file a fresh trademark application if my objection is rejected?
5What is a Section 9 objection and how strong is it?
6What is a Section 11 objection and how do I tackle it?
7How long does the trademark objection process take?
8Should I hire a trademark attorney to handle the objection reply?
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