Key Point: After you file a trademark application, the Trade Marks Registry allocates it to an Examiner who issues an Examination Report once the application is examined. This report either accepts your application or raises objections that must be addressed within 30 days of receipt — or your application risks being treated as abandoned.
Track Your Application: Log in to the IP India portal (ipindia.gov.in) to view your examination report. Go to Trademarks → Application Status and enter your application number. The report is available under the “Examination Report” tab of your application details.
Filing a trademark application is only the beginning. For most applicants, the Examiner will not immediately accept the mark — instead, an examination report is issued listing objections that must be overcome before the mark can be published in the Trademark Journal. Understanding what is in the report and how to respond effectively is critical to getting your mark registered.
This guide covers the full examination report process from receipt to resolution. For an overview of the entire application journey: Trademark Application Process India. For an end-to-end guide to filing: How to Register a Trademark in India.
What Is a Trademark Examination Report?
An examination report is a formal communication issued by the Trade Marks Registry setting out the Examiner’s findings after reviewing your trademark application. It is generated automatically once the application is examined and sent to the applicant’s registered email address and made available on the IP India portal.
The report covers two categories of issues: formal/procedural objections (missing documents, incorrect form, wrong applicant details) and substantive objections (grounds under Sections 9 and 11 of the Trade Marks Act 1999 — why the Examiner believes the mark should not be registered on its merits).
The Four Possible Examination Outcomes
Accepted
The Examiner finds no objections. The application is accepted and moves directly to publication in the Trademark Journal for opposition. This is rare for marks without a clear distinctiveness profile.
Conditionally Accepted
The mark is accepted subject to minor conditions — for example, amending the specification of goods/services or restricting the description. The applicant must comply within the stipulated time.
Objected
The Examiner raises one or more objections under Section 9 (absolute grounds) or Section 11 (relative grounds). The applicant must file a written reply — this is the most common outcome.
Refused
The Examiner recommends outright refusal (rare at the examination stage). This typically applies to marks that are plainly contrary to law, deceptive, or contain prohibited matter under the Act.
Types of Objections Raised in the Examination Report
Section 9 — Absolute Grounds (Descriptiveness)
The Examiner may object that the mark lacks distinctiveness or is directly descriptive of the goods/services. Common sub-grounds include: the mark is a common word in trade, a geographic name, a laudatory term, or consists exclusively of the shape of the goods.
Examples: “Best Quality” for textile goods, “Punjabi” for food products, a simple geometric shape as a logo.
Section 9 — Absolute Grounds (Deceptive / Contrary to Law)
The mark is deceptive, likely to hurt religious sentiments, or contains matter that is contrary to public policy or morality. Also includes marks identical to or containing official flags, national emblems, or names of international organisations.
Section 11 — Relative Grounds (Prior Conflicting Mark)
The Examiner has found one or more earlier registered or pending marks that are identical or phonetically/visually/conceptually similar to your mark, covering identical or similar goods/services. The report will cite the conflicting application/registration numbers.
This is the most common objection. The Examiner lists the “cited marks” that are blocking your application.
Formality / Procedural Objections
Technical issues with the application filing: TM-48 (Power of Attorney) not filed or insufficient, applicant’s address not in proper format, wrong TM Form used, specification of goods/services too vague or too broad, incorrect claim to Convention priority, or user affidavit not filed for claim of prior use.
Section 9 — Lack of Distinctiveness (Device/Logo Marks)
For device marks (logos), the Examiner may object that the design is commonplace, too simple, or consists of ordinary geometric shapes without sufficient creative distinctiveness. The Examiner may alternatively accept the mark with a disclaimer on non-distinctive elements.
Key Timelines You Must Know
| Stage | Timeline | What Happens |
|---|---|---|
| Examination | Depends on the Registry's queue | Examiner reviews application and issues report |
| Reply to report | 30 days from date of examination report | Applicant files written reply (mandatory) |
| Hearing notice | Issued by the Registry | If reply is not satisfactory, a hearing is scheduled |
| Hearing date | Fixed date given in notice | Applicant attends and argues before the Registrar |
| Post-hearing decision | Order issued by the Registrar | Accepted and published in Journal, or refused |
| Non-reply deadline | After 30 days of no reply | Application may be treated as abandoned |
How to Draft Your Reply: Step-by-Step
- Identify Every Objection Raised — Read the examination report carefully and list each distinct objection. Many reports raise multiple objections simultaneously — each must be addressed individually in your reply. Do not skip any ground, even if it seems minor or procedural.
- Respond to Absolute Grounds (Section 9) — For descriptiveness or lack of distinctiveness objections: compile evidence of prior use and acquired distinctiveness. Affidavits of use, invoices showing the mark in commerce, packaging samples, advertising expenditure figures, and market surveys all strengthen your reply. If the mark has been used for several years with significant volume, a well-supported affidavit can overcome even a Section 9 objection.
- Address Relative Grounds (Cited Prior Marks) — Research each cited mark. Key arguments include: the marks are visually/phonetically/conceptually different, the goods/services are in different channels of trade, your mark has been used concurrently in the market without confusion, or the cited mark belongs to the same group of companies. If a cited mark is abandoned or not renewed, point this out. Honest side-by-side comparisons presented well often succeed here.
- Clear Formality Objections — File any missing documents cited in the report: TM-48 (Power of Attorney), user affidavit if claiming prior use, Priority document for convention applications, or corrected address for the applicant. Formality objections are the easiest to clear but must not be overlooked or the substantive reply will be rejected procedurally.
- Submit Your Reply Online — File the written reply through the IP India portal (Trademark → e-Filing → Reply to Examination Report). There is currently no government fee for filing the reply. Upload the reply as a PDF along with all supporting documents/evidence. Keep a copy of the acknowledgement receipt.
- Attend the Hearing (If Scheduled) — If the Examiner is not satisfied with your written reply, a hearing notice is issued. The hearing can be attended in person at the designated Trade Marks Registry office (Mumbai, Delhi, Kolkata, Chennai, or Ahmedabad depending on jurisdiction) or via video conference. Present oral arguments reinforcing your written reply. Have all original evidence ready.
Missing the 30-Day Deadline: If you fail to respond to the examination report within 30 days, the application can be treated as abandoned. Reviving an abandoned application is uncertain and depends on the Registry accepting your reasons — often a fresh application (with a new, later filing date) is the only option. Never let this deadline pass.
The Section 11 Cited Mark Objection: A Deeper Look
Section 11 objections citing prior registered marks are the most common and often the hardest to overcome. Here is how to assess and respond:
| Strategy | When it Works |
|---|---|
| Argue phonetic / visual distinctiveness | Marks sound different when spoken aloud or look different in overall impression — especially strong for device marks |
| Different channels of trade | Even if goods/services fall in the same class, they are sold through entirely different channels or to different consumer segments |
| Consent from cited mark owner | If you can obtain a written No Objection Certificate (NOC) from the owner of the cited mark, the Examiner will typically accept the application |
| Concurrent use agreement | Both marks have co-existed in the market without confusion for a significant period — documentary evidence of parallel sales helps |
| Cited mark is dead / expired | If the cited mark has been abandoned, its application has lapsed, or its registration has expired and not renewed, it no longer blocks |
| Different conceptual meaning | The marks may look similar but evoke entirely different meanings — a relevant defence for device marks with similar visual elements |
Related Guide: For an in-depth guide to objection replies and the hearing process: Trademark Objection India — How to Respond and Win. That article covers drafting techniques and the arguments that work best before the Registrar.
Expedited Examination: Fast-Track Your Application
The Registry offers an expedited examination option that moves your application to the front of the examination queue. Any applicant can request expedited examination by filing Form TM-M and paying ₹20,000 (individuals, startups and MSMEs) or ₹40,000 (others). The application then moves to the front of the examination queue.
Expedited examination is strongly recommended when: you are facing infringement and need registered mark status urgently, you are preparing for an IPO or acquisition where IP due diligence is in progress, or you need to oppose a conflicting application that is moving ahead of yours.
Tips for a Strong Examination Reply
- Address every ground raised in the report. An unanswered objection will result in a hearing or adverse order even if all other grounds are cleared.
- File a use affidavit even if not explicitly asked for — evidence of use before the application date powerfully supports both distinctiveness and priority claims.
- Research cited marks thoroughly before replying. Look at the current status of each cited mark — many cited marks are already abandoned or opposed by the time your reply is due.
- Be specific, not generic. Courts and Examiners have seen every standard template reply. A reply grounded in your mark’s specific facts and evidence is far more persuasive than boilerplate language.
- Support advertising claims with numbers. “Extensively advertised” is weak. “Advertised in 12 national publications with a combined circulation of 1.5 million from 2019 to 2025” is strong.
- Request an adjournment if needed. If you need more time to gather evidence or obtain an NOC from a cited mark owner, you can request a short adjournment at the hearing stage.
What Happens After Your Reply is Filed?
Once your reply is submitted, the Examiner reviews it and makes one of three decisions:
- Reply accepted: The Examiner is satisfied with your arguments and evidence. Your application is accepted and published in the Trademark Journal. A 4-month opposition window then opens — see Trademark Opposition India for what happens next.
- Hearing scheduled: The Examiner is not fully satisfied and wants to hear oral arguments. A hearing notice is issued with a date. Attend the hearing and present your case. Most objections are resolved at this stage with good preparation.
- Reply not accepted / adverse order: The Examiner issues an adverse order refusing the application. The applicant can appeal to the High Court within 3 months of the adverse order.
Rectification as a Back-Channel: If a cited mark that is blocking your application is registered but unused, consider filing a non-use cancellation petition against it under Section 47 while your reply process is ongoing. A successful cancellation removes the blocking mark and clears the path for your application. For details: Trademark Rectification India.
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Frequently Asked Questions
Is there a fee to reply to a trademark examination report?
No. Filing a written reply to an examination report through the IP India portal is currently free of government charges. However, if you engage a trademark agent or attorney to draft the reply on your behalf, professional fees will apply. Government fees only arise for optional requests such as expedited examination (Form TM-M, ₹20,000/₹40,000).
Can I reply to the examination report without a trademark agent?
Yes. You can file your own reply directly through the IP India portal. However, for substantive objections — particularly Section 11 relative grounds citing multiple prior marks, or Section 9 descriptiveness objections that require sophisticated legal arguments — professional assistance from a registered trademark agent significantly increases success rates. Formality objections (missing TM-48, address corrections) are generally straightforward to handle yourself.
What if the Examiner raises new objections at the hearing that were not in the original report?
The Examiner is generally not supposed to raise entirely new grounds at the hearing that were not mentioned in the examination report. If this happens, request an adjournment to prepare a response to the new grounds. This is a procedural right and the Registrar must grant a reasonable opportunity to respond to new grounds before passing an adverse order.
My reply was rejected and I received an adverse order. What can I do?
You can appeal against an adverse order to the High Court within 3 months of the order. Alternatively, if the grounds for rejection have changed — for example, a blocking mark has since been cancelled — you can file a fresh application.
What is the deadline to reply?
Generally 30 days from receiving the examination report. Missing it can lead to abandonment.
Can I reply myself?
Yes, the applicant can file the reply. But a well-argued reply with the right legal points and evidence improves the chances of acceptance, so many people use a trademark agent or attorney.
What if the hearing is also unsuccessful?
The Registrar's order can be appealed before the High Court. It may also be possible to file a fresh application for a modified mark.
Official sources
This article is for general information only and is not legal or tax advice. Rules and fees change; check the latest position or talk to our team before acting.