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Protect your brand by responding promptly to the Trademark Examiner’s objections
A trademark application goes through multiple stages, with Examination by the Registry being one of the most critical. During this stage, an examining officer reviews the application for accuracy and compliance with the Trade Marks Act and its Rules.
Following the review, an examination report is issued, outlining the examiner’s observations. If the application meets all requirements and there are no conflicts, it proceeds to publication in the Trademark Journal. However, if issues are found—such as similarity with existing trademarks or rule violations—an objection is raised. The applicant or their attorney must then submit a reply explaining why the application should move forward. Failing to respond may result in the application being abandoned, making a timely reply essential.
Filing a reply to the examination report is mandatory to proceed to the next stage of trademark registration.
If the reply is not submitted within one month from the date of dispatch of the objection report, the entire application may be abandoned.
The trademark objection reply letter allows the applicant to justify why their mark should be registered.
Through this written response, one can argue that the objections are not valid and highlight the distinctive features of the trademark.
Mark lacks distinctiveness and unique identity.
Deceptively similar Marks
Mark highlights product’s features or characteristics.
Trademark has a descriptive nature.
When the examiner raises objections about your trademark’s registrability, the application is considered objected. To address these objections, a written response must be submitted to the Trademark Registry. If the examiner remains unconvinced by the response, a hearing is scheduled to allow you to present your arguments in person.
When an examination report objects to the registration, a written reply must be submitted providing clear justification and clarification about the trademark’s distinctiveness and registrability. If the examiner is satisfied with the response, the mark will be published in the journal.
Applicants should regularly track the status of their trademark application to stay informed.
When an examination report is issued, the status changes to “Objected” with the alert “Awaiting Reply to Examination Report.”
Track your application status here: https://ipindia.gov.in/
No, the trademark applicant is not required to stop using the ™ symbol.
Issuance of the Examination Report does not prevent the applicant from using the ™ sign alongside the brand name or logo.
A response to the Trademark Registry’s examination report must be filed within 1 month from the date of dispatch.
However, late responses are accepted as long as the application status shows “Awaiting Reply to Examination Report” and has not been marked “Abandoned.”
After the registered attorney files the trademark objection reply, it will be reflected in the application status.
The alert “Pending for Reply” or “Awaiting Reply to Examination Report” will be removed, but the status will remain “Objected” until the Registry completes its review.
The Trademark Registry typically takes 6 to 8 months to process, verify, and review the filed reply.
A show cause notice for a hearing is issued only in rare cases, typically when the applied trademark closely resembles another or the examiner is not convinced by the submitted reply and supporting grounds.