Reply to a trademark examination report
An examination report is not a refusal. We read the objection, draft a reasoned reply with case law and evidence of use, and represent you at the hearing if the Registry calls one.
What is included
- Review of the examination report and conflicting marks
- Strategy note on the objection grounds (Section 9 or Section 11)
- Drafted reply with legal arguments and precedents
- User affidavit and evidence of use, where helpful
- Filing of the reply on the IP India portal
- Representation at the show-cause hearing
- Status tracking until acceptance or the next stage
What is not included
- Opposition proceedings after publication (quoted separately)
- Amendment of the mark or goods, if needed (TM-M fee extra)
- Appeals against refusal
Who needs this
Applicants whose trademark has been objected to in the examination report, whether they filed with us or elsewhere. Common grounds are lack of distinctiveness, descriptive words and similarity with an earlier mark.
Documents required
- Copy of the examination report and application number
- Proof of use: invoices, advertisements, website and social media screenshots
- Date of first use of the mark
- Signed power of attorney (TM-48), which we draft
How it works
We review the objection and agree the strategy
The reply and supporting affidavit are filed
We attend the hearing, if listed, and track the order
Timeline
Reply filed in 3 to 7 working days. Government processing times are outside our control; we track and follow up on every application.
If you skip it
What this service creates next
Completing this is the start of a recurring set of obligations. Under an AdvisoNet plan these are tracked in your Compliance Passport and handled before they fall due.
- Advertisement in the Trade Marks Journal
- Opposition defence if a third party objects
- Registration certificate
- Trademark watch for conflicting filings
See AdvisoNet plans from ₹1,499 per month
Frequently asked questions
How long do I have to reply?
One month from the date the examination report is issued. Act quickly, as drafting a strong reply with evidence takes a few days.
What happens after the reply?
The Registry either accepts the mark for publication in the Trade Marks Journal or lists it for a hearing before an examiner.
Can I keep using the TM symbol?
Yes. You can continue to use TM while the application is pending. The R symbol is only for registered marks.
Fees shown are AdvisoNet professional fees exclusive of GST and government charges. Content is general information, not legal advice; applicability depends on facts and current law.