What an Examination Report Actually Is
Every trademark application is examined against two sets of criteria: absolute grounds (is the mark itself distinctive enough) and relative grounds (does it conflict with an existing mark). If the examiner has a concern on either front, they issue an examination report — commonly just called an "objection" — explaining exactly what's wrong and citing the relevant section of the Trade Marks Act, 1999.
An objection is a routine part of the process, not a sign your brand is unregistrable. A large share of applications receive at least one objection; what determines the outcome is whether the reply addresses the specific ground raised, with evidence, within the deadline.
The Two Most Common Grounds
Section 9 vs Section 11
Absolute Grounds
The mark is descriptive, generic, or lacks distinctiveness on its own — e.g. "Fresh" for a juice brand.
Relative Grounds
The mark is identical or deceptively similar to an existing registered or pending mark in the same or related class.
A Section 9 objection is answered by proving distinctiveness — typically through evidence of prior use and market recognition. A Section 11 objection is answered by arguing the marks aren't actually confusingly similar, or that the goods/services don't overlap enough to cause confusion.
The 30-Day Deadline
| Step | Timeline |
|---|---|
| Examination report issued | Day 0 |
| Deadline to file written reply | 30 days from the report date |
| Hearing (if requested/required) | Scheduled after reply is reviewed, timing varies |
| Outcome | Accepted & advertised, or refused |
⚠️ Extensions Are Not Routinely Granted
Unlike opposition counter-statements (which get a built-in one-month extension), a reply to an examination report generally does not have a standard extension mechanism. Treat the 30-day window as firm, and file with time to spare rather than on the deadline itself.
How to Structure a Strong Reply
- Address the exact section cited. A Section 9 objection needs a distinctiveness argument; a Section 11 objection needs a similarity/confusion argument. Don't submit a generic reply that doesn't engage with the specific ground raised.
- Attach evidence of use if you have been trading under the mark — invoices, packaging, website archives (via the Wayback Machine), advertising, and sales figures all help establish distinctiveness or prior use.
- Distinguish cited marks directly. For a Section 11 objection, go through each conflicting mark cited by the examiner and explain specifically why it isn't confusingly similar to yours — visually, phonetically, or in terms of the goods/services covered.
- Request a hearing if needed. If the written reply alone doesn't resolve the objection, a hearing gives you a chance to argue the case directly before the examiner or a senior officer.
Received an Examination Report?
Send us the objection and your application number — we'll review the grounds and draft a reply within the 30-day window.
What Happens After You Reply
The examiner reviews your reply against the objection raised. Three outcomes are possible: the objection is withdrawn and the application proceeds to publication; a hearing is scheduled for further argument; or the objection is maintained and the application is refused (which can itself be appealed). If there's no reply within the 30-day window, the application is treated as abandoned — this is one of the two most common points, alongside a missed opposition deadline, where otherwise-registrable applications are lost. See our guide to trademark status meanings for what each stage looks like on the IP India portal.
Frequently Asked Questions
Does an examination report mean my trademark application is rejected?
No. It's an objection, not a refusal — a routine part of examination that a large share of applications go through. The outcome depends on whether your reply addresses the specific ground raised, with evidence, within the 30-day deadline.
Can I get an extension on the 30-day reply deadline?
Extensions aren't routinely granted for examination report replies, unlike opposition counter-statements which have a built-in one-month extension option. Treat the 30-day window as firm.
What evidence should I include in my reply?
Anything showing use and distinctiveness — invoices, packaging, dated website archives, advertising material, and sales figures. For a Section 11 objection, focus instead on specifically distinguishing your mark from each conflicting mark cited.
What happens if I don't reply at all?
The application is treated as abandoned. There's generally no automatic revival — refiling as a fresh application, with a fresh government fee, is the practical route if this happens.
Do I need a hearing, or is a written reply enough?
A written reply alone often resolves the objection. A hearing becomes useful when the objection is more nuanced and benefits from being argued directly, or when the examiner isn't satisfied by the written submission alone.