Trademark objection reply

Overview

When the Trade Marks Registry examines an application, it may object, for example because the mark is descriptive, lacks distinctiveness, or is similar to an earlier mark. The status then shows as 'objected' and an examination report is issued. The applicant must reply in writing, usually within one month of receiving the report; an application with no reply can be treated as abandoned.

A good reply addresses each ground in the report with legal arguments and evidence, such as proof of use and the mark's reputation, differences from the cited marks, or a narrower description of goods. If the examiner isn't satisfied, a show-cause hearing is fixed, where the applicant's representative argues the case.

Our team reviews the examination report, collects your evidence and has the reply drafted and filed by a trade mark attorney or advocate we work with, who also appears at the hearing if one is scheduled.

Who needs it

• Applicants whose trade mark status shows 'Objected' or who received an examination report
• Applicants called for a show-cause hearing
• Businesses whose earlier reply didn't overcome the objection

Documents required

What we usually ask for. Our team confirms the exact list for your case before anything is filed.

• The trade mark application number
• The examination report
• Evidence of use: invoices, advertisements, website pages, sales figures, with dates
• An affidavit of use, if the reply relies on prior use (we'll draft it)
• Power of attorney (Form TM-48) for the representative

How it works

1. 1

   Read the report

   We go through each objection and the earlier marks cited, and tell you how strong the reply can be.

2. 2

   Collect evidence

   You share evidence of use and reputation; we tell you exactly what helps.

3. 3

   Draft and file the reply

   The reply is drafted point by point and filed online with the supporting documents within the deadline.

4. 4

   Hearing (if fixed)

   If the Registry fixes a show-cause hearing, the representative appears and argues for acceptance.

Typical timeline

The reply is generally due within one month of receiving the examination report, so contact us as soon as you see the objection. What follows (acceptance, a hearing, or refusal) depends on the Registry's schedule.

Get a free quote

Answer a few questions and our team will contact you. It takes about two minutes.

Official sources

The government portals and laws this page is based on:

• Intellectual Property India