Legal basis: Trade Marks Act, 1999: Sections 9, 11, 12, 20, 21, 47, 91, 131 and 132; Trade Marks Rules, 2017: Rule 33. Last updated: September 2026.
Key point: An examination report is an interim objection, not a final refusal; missing the one‑month reply deadline can lead to abandonment of your trademark application.
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What the Examination Report Means
When the IP India portal shows “Examination Report Issued” or “Objected,” the Registrar has identified grounds for objection under the Trade Marks Act. The report is a formal invitation to answer – it is not a final refusal.Deadline: You have one month from the date you receive the report to file a reply. Rule 33(4) of the Trade Marks Rules, 2017 makes the application liable to be treated as abandoned if you miss this window.
Extension: If you need more time, file Form TM‑M (Section 131) before the original deadline. The extension is discretionary – it is not automatic.
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Section 9 vs Section 11 Objections
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Responding to Section 9 Objections
Lack of distinctiveness (Section 9(1))
* Argue that the mark is inherently distinctive – e.g., a coined word, arbitrary combination, or a fanciful logo. * Attach an affidavit of use with invoices, advertising material, and turnover figures that demonstrate the mark acquired distinctiveness before the filing date.Other absolute grounds (Section 9(2)‑9(3))
* Explain why the mark does not deceive the public, offend religious sentiments, or fall under prohibited symbols. * If the objection relates to a shape, show that the shape is not solely dictated by the nature of the goods or a technical result.---
Responding to Section 11 Objections
Section 11 objections arise when an earlier mark (registered or pending) is identical or similar and the goods/services overlap.Five practical routes:
- Distinguish the marks – highlight visual, phonetic, and conceptual differences.
- Distinguish the goods/services – prove that the market channels and consumer base are separate.
- Consent – obtain a written “no‑objection” letter from the earlier proprietor (Section 11(4)).
- Honest concurrent use – submit evidence of continuous, good‑faith use (Section 12).
- Removal of the earlier mark – if the cited mark has not been used for five years, a Section 47 removal application can be filed in parallel.
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Step‑by‑Step: Filing Your Reply
- Download the examination report from the IP India portal.
- Calculate the deadline – one month from receipt. If you are close, file Form TM‑M for an extension.
- Categorise objections – separate Section 9 from Section 11 issues.
- Draft the reply – include application details, reference the report, restate each objection, and provide your argument plus supporting annexures (affidavits, consents, etc.).
- File online – use the e‑filing system. No power of attorney is needed if you file yourself; a trademark agent must have your authorisation.
- Request a hearing (optional) – useful for complex Section 11 conflicts.
- Monitor status – the portal will update once the reply is recorded; the Registrar’s decision may take weeks.
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After Acceptance: Publication and Opposition
If the Registrar accepts the mark, it is advertised in the Trade Marks Journal (Section 20). Any third party can file a notice of opposition within four months of advertisement (Section 21). No opposition or a favourable decision leads to registration and a certificate (Section 23). Registration lasts ten years and can be renewed on Form TM‑R.---
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Frequently Asked Questions
Q: What happens if I miss the one‑month reply deadline?
A: Under Rule 33(4) the Registrar may treat the application as abandoned. You can request an extension on Form TM‑M before the deadline, but if abandonment occurs you must file a fresh application, losing the original filing date (Section 132).
Q: Is the examination report the same as a rejection?
A: No. The report merely lists objections. The final decision comes only after you reply and, if needed, attend a hearing.
Q: Can I rely on geographic separation to defeat a Section 11 objection?
A: No. Indian trademark protection is national. You would need to argue honest concurrent use (Section 12) or show that the goods/services are truly distinct.
Q: Are there any government fees for filing the reply?
A: The reply itself carries no separate fee. However, Form TM‑M (used for extensions, requests for grounds, etc.) attracts the fee prescribed in the First Schedule of the Trade Marks Rules, 2017.
Q: How long does the opposition period last after my mark is advertised?
A: Any third party may file a notice of opposition within four months of the advertisement date (Section 21). After that period, the mark proceeds to registration if no opposition is filed or the opposition is resolved in your favour.
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I’m CA Harun Raaj. If this affects your company’s compliance calendar, reach out.
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See Also
Frequently asked questions
What happens if I miss the one‑month reply deadline?
Under Rule 33(4) the Registrar may treat the application as abandoned. You can request an extension on Form TM‑M before the deadline, but if abandonment occurs you must file a fresh application, losing the original filing date (Section 132).
Is the examination report the same as a rejection?
No. The examination report merely lists objections. The final decision comes only after you reply and, if needed, attend a hearing.
Can I rely on geographic separation to defeat a Section 11 objection?
No. Indian trademark protection is national. You would need to argue honest concurrent use (Section 12) or show that the goods/services are truly distinct.
Are there any government fees for filing the reply?
The reply itself carries no separate fee. However, Form TM‑M (used for extensions, requests for grounds, etc.) attracts the fee prescribed in the First Schedule of the Trade Marks Rules, 2017.
How long does the opposition period last after my mark is advertised?
Any third party may file a notice of opposition within four months of the advertisement date (Section 21). After that period, the mark proceeds to registration if no opposition is filed or the opposition is resolved in your favour.
Can I file a reply after the one‑month deadline if I have a valid reason?
The Registrar may accept a late reply only at its discretion. It is safer to request an extension on Form TM‑M before the deadline expires.
What evidence should I attach to overcome a Section 9 lack‑of‑distinctiveness objection?
Attach an affidavit of use with invoices, advertising material, turnover figures, and any other proof that the mark acquired distinctiveness in India **before** the filing date.
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