Trademark Objection Reply

Reply to Trademark Examination Report within 30 days to save your application

Validity: Not applicable — this is a one-time filing in response to an examination reportHandled by verified compliance experts. 100% online process.

What is Trademark Objection Reply?

Received an Examination Report from the Indian Trademark Registry? We draft a legally reasoned reply within the mandatory 30-day window — citing precedents for absolute and relative ground objections — and represent you at the hearing if required.

Examination objections are of two types: Absolute grounds (Section 9) — the mark is not distinctive, is descriptive, or is a common word; and Relative grounds (Section 11) — there is a similar or identical registered mark in the same class.

Who Needs Trademark Objection Reply?

Any trademark applicant who has received an Examination Report from the Indian Trademark Registry with one or more objections. Filing a reply is mandatory within 30 days — failure to reply results in abandonment of the application.

What's Included

Examination Report analysis (absolute vs. relative grounds)
Prior use evidence gathering (invoices, advertisements, registrations)
Legally reasoned objection reply citing Trade Marks Act and precedents
Filing within the 30-day deadline
Hearing representation before the Trade Marks Officer

⚠️ Penalty for Non-Compliance

Failure to file an objection reply within 30 days of the Examination Report results in automatic abandonment of the trademark application. You would need to re-apply and start the process from scratch, losing your original priority date.

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How It Works

1
Examination Report Analysis
We review the objections in detail — identifying whether they are absolute grounds, relative grounds, or procedural issues.
2
Evidence Gathering
For absolute ground objections, we compile prior use evidence — invoices, advertisements, website screenshots, packaging — to establish distinctiveness.
3
Draft Reply
Our IP attorneys draft a detailed, legally reasoned reply citing Trade Marks Act provisions, IPAB and High Court precedents.
4
Filing within 30 Days
The reply is filed on the IP India portal within the 30-day deadline.
5
Hearing Representation
If the examiner is not satisfied with the written reply, a hearing is scheduled. We appear on your behalf (physically or via video conference).

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Documents Required

Items marked Required are mandatory; others are situational.

From the Registry

Examination report / objection letterRequired
Official communication from the Trademark Registry with specific grounds of objection
Application number and trademark detailsRequired
As shown on the examination report

Evidence of Use (if applicable)

Invoice copies showing trademark in commercial use
Strengthens your reply when the objection is on likelihood of confusion
Advertisements and marketing materials
Showing public association of the mark with your brand

Authorisation

Signed Power of Attorney (Form TM-48)Required
Authorises us to respond and appear at hearings on your behalf

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Fees & Pricing

Government Fees

Written reply to examination report (TM-O)

No government fee for filing the written reply

Free

Hearing request (if hearing is sought)

No separate fee; included in the original application

Free

Professional Fees

Trademark objection reply & hearing package

Includes legal drafting, prior-art research, portal filing, hearing representation

Varies

* Government fees may vary. GST applicable on professional fees. Final pricing confirmed after review.

Frequently Asked Questions

What happens after I file the objection reply?

The Examiner reviews your reply. If satisfied, the mark is accepted and published in the Trademark Journal. If not satisfied, a hearing is scheduled. After the hearing, the Examiner passes an acceptance or refusal order.

What evidence helps in a Section 9 (descriptiveness) objection reply?

Proof of prior use showing the mark has acquired distinctiveness through long and extensive use — invoices, advertising spends, newspaper coverage, registration in other countries, and affidavits from trade channels.

Can I appeal if my trademark application is refused after the hearing?

Yes. You can file an appeal before the High Court (Commercial Division) within 3 months of the refusal order.

What is a hearing at the Trademark Office?

A hearing is a quasi-judicial proceeding before a Trade Marks Officer where both the applicant (or their attorney) and the examiner present their arguments. Evidence and precedents are cited. It is typically conducted via video conference.