When a trademark examination report raises objections, the applicant must file a written reply within one month on the IP India portal. The reply addresses each ground, such as descriptiveness under Section 9 or similarity under Section 11, with legal arguments and evidence like prior use, distinctiveness and differences from cited marks. If unresolved, a show cause hearing follows.
Read the report
Identify each objection and cited mark.
Draft the reply
- Explain distinctiveness or acquired distinctiveness.
- Distinguish cited marks by appearance, sound, meaning and goods.
- Cite honest concurrent use where applicable.
- Attach evidence and user affidavit.
Amendments
Limit goods or add disclaimers to overcome objections.
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Argue the case before the examiner; outcomes are acceptance or refusal with reasons.
Frequently asked questions
What if I miss the reply deadline?
The application may be abandoned; restoration options are limited.
Can I reply myself?
Yes, but attorney-drafted replies usually fare better.
Is refusal appealable?
Yes, before the High Court after the IPAB's abolition.
How long after reply is the decision?
It varies; hearings may be scheduled months later.
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