1. What is a trademark examination report?
After you file Form TM-A, the Registry examines the application. If it finds an issue, it issues an examination report listing the objections. The report is available in your application's status on the IP India website. It is not a refusal. It is the Registry's invitation to respond before it decides.
2. Section 9 and Section 11 objections
The Trade Marks Act, 1999 classifies statutory objections into absolute and relative grounds of refusal:
| Objection | What it means | Common examples |
|---|---|---|
| Section 9 (absolute grounds) | The mark itself is not eligible for registration | Lacks distinctive character; merely describes the goods or services (their kind, quality, purpose or origin); a common term in trade |
| Section 11 (relative grounds) | The mark clashes with an earlier mark | Similar mark and similar goods or services in the Register, creating a likelihood of confusion |
| Other issues | Formal or specification points | Unclear description of goods, missing user date, class queries |
Many reports raise both kinds at once. Each ground needs its own response.
3. Ways to respond to an objection
When drafting a formal reply, advocates evaluate several potential legal arguments and evidentiary strategies:
- Distinctiveness arguments: why the mark works as a brand and not as a description.
- Evidence of use: if the brand has been used, an affidavit with invoices, advertisements, website records and sales figures can show it has become recognised.
- Differences between the marks: visual, phonetic and conceptual comparison with the cited marks.
- Differences in goods or services: showing that the goods or services do not overlap in the market.
- Consent or coexistence letters: a written no-objection from the owner of the earlier mark, where one is available.
- Narrowing the specification: limiting the goods or services to reduce overlap.
Which approach fits depends on the facts, the cited marks and the evidence available.
4. Documents often needed
To prepare a complete and legally grounded reply, the following documentation is typically reviewed:
- The examination report
- The TM-A application details and filing receipt
- Authorisation for the advocate to act (confirm the correct form with the advocate)
- Evidence of use, if relied on: invoices, advertisements, website pages, sales and marketing records
- Consent letter from the owner of a cited mark, if available
- Search results and notes on the cited marks
5. Timeline at a glance
The procedural stages following an examination report follow structured statutory timeframes:
| Stage | Typical timing |
|---|---|
| Examination report issued | After examination of the TM-A application; timing varies with Registry workload |
| Written reply due | Within 30 days of the report |
| Registry reviews the reply | Varies; the application may be accepted, or listed for a hearing |
| Hearing before the Registry | Date set by the Registry; for the northern region this is the Trade Marks Registry in Dwarka, New Delhi |
| Order after the hearing | Accepted (sometimes with conditions) or refused |
Note: Timelines depend on the Registry and the facts of each case, and no outcome can be promised.
6. What happens at a trademark hearing
If the Registry is not satisfied by the written reply, it issues a hearing notice. The applicant or their advocate attends before the Hearing Officer, presents arguments, and may file written submissions. After the hearing, the Registrar passes an order. If the application is accepted, it moves to publication in the Trade Marks Journal.
7. If the application is refused
A refusal order can be challenged by appeal to the High Court within the statutory period, which is three months from the order under the Trade Marks Act. The right course depends on the order's reasoning, so reading the refusal carefully is the first step.
8. Points to watch
- Don't miss the 30-day reply period. If no reply is filed, the application can be treated as abandoned.
- Address every ground in the report. A reply that skips one leaves it open.
- Keep evidence of use organised by date and product.
- Check that the goods or services described match what you actually sell.
9. Related pages
For comprehensive procedural information on brand protection, clearance searches, and legal representation in Delhi NCR:
Trademark Registration Delhi
Learn how trademark registration works and how Form TM-A is submitted.
Trademark Search India
Guidance on checking for similar marks before you file your brand name.
Trademark Lawyer in Delhi
Overview of trademark advocate services in Delhi and Registry practice in Dwarka.
Trademark Lawyer Rohini
Details on visiting the Rohini office in Sector 11 and Sector 16.
10. Frequently asked questions
Discuss an examination report
To talk through a specific report, contact the office. Bring the report and your application details.
Registered Office
2nd Floor, Garg Trade Center (G3S Mall), near Punjab National Bank, Pocket 4, Sector 11, Rohini, New Delhi 110085
Branch Office
G-7/216, SF, Sector-16, Rohini, New Delhi 110085
Office Hours: Monday to Saturday, 10:00 to 21:00 (Sunday closed) | Landline: 011-41667327
This page is for general information and is not legal advice or a solicitation.