A trademark objection reply is your written answer to the examination report, and it must be filed within one month of receiving it under Rule 33(4) of the Trade Marks Rules, 2017. There is no government fee for the reply itself. Your status changing to Objected is not a rejection — answer the specific ground properly and the mark moves to acceptance and advertisement. Ignore it and the application can be treated as abandoned, along with the filing fee you already paid.
The examination report is the clock. Rule 33(4) of the Trade Marks Rules, 2017 gives one month from receipt to reply or ask for a hearing; if you do neither, the Registrar may treat the application as abandoned. Where the report is sent by email, count from the date it was sent, not the date you opened it.
| Stage | What happens | Time limit |
|---|---|---|
| Examination report issued | Status shows Objected; grounds listed in the report | Clock starts on receipt |
| Reply or hearing request | Written reply with evidence, or a request to be heard | One month (Rule 33(4)) |
| Extension, if needed | Form TM-M, ₹900 by e-filing; at the Registrar's discretion | Ask before the month runs out |
| Reply accepted | Application accepted and advertised in the Trade Marks Journal (Section 20(1)) | Registry's timeline |
| Reply not accepted | Show cause hearing under Rule 33(6), held as per Rule 115 | Date in the hearing notice |
| After advertisement | Any person may oppose (Section 21(1)) | Four months from advertisement |
| Ground in the report | What it means | How the reply answers it |
|---|---|---|
| Section 9(1)(a) | Mark lacks distinctive character | Show the mark is not a plain word or device for these goods; add evidence of use |
| Section 9(1)(b) | Mark describes the kind, quality, purpose or origin of the goods | Argue the mark is suggestive, not descriptive; or prove acquired distinctiveness under the proviso to Section 9(1) |
| Section 9(1)(c) | Mark is customary in the trade or everyday language | Show the term is not common usage for these goods; evidence of use and recognition |
| Section 9(2) | Likely to deceive, hurt religious sentiment, scandalous, or barred under the Emblems and Names Act, 1950 | Explain the mark's actual meaning and the trade context; amend where needed |
| Section 11(1) | An earlier identical or similar mark for similar goods or services | Distinguish on look, sound, meaning, goods and trade channels; narrow the specification; or rely on honest concurrent use under Section 12 |
| Section 11(2) | Conflict with a well-known mark, even for different goods | Show no unfair advantage or detriment to the well-known mark's character or repute |
| Formal requirement | Missing power of attorney, unclear specification, user affidavit not filed | File the missing document and correct the specification |
Section references are to the Trade Marks Act, 1999. A single report can raise both Section 9 and Section 11, and each ground needs its own answer.
| Item | Government fee | Our fee |
|---|---|---|
| Written reply to the examination report | Nil | From ₹3,599 (Basic plan) |
| Reply with evidence of use and user affidavit | Nil | Standard plan |
| Show cause hearing representation | Nil | Complete plan |
| Extension of time, if granted (Form TM-M) | ₹900 by e-filing | Included where needed |
Government fee from the First Schedule to the Trade Marks Rules, 2017. Our fees exclude GST; plan prices are shown in the pricing table above.
| Point | Objection | Opposition |
|---|---|---|
| Raised by | The Registry examiner | Any third party (Section 21(1)) |
| Stage | Examination, before advertisement | After advertisement in the Trade Marks Journal |
| How it arrives | Examination report; status shows Objected | Notice of opposition on Form TM-O |
| Time to act | Reply within one month (Rule 33(4)) | Opposition within four months of advertisement; your counter-statement within two months of receiving it (Section 21(2)) |
| Government fee | Nil for the reply | TM-O ₹2,700 per class by e-filing, for the opposition and for the counter-statement |
| If ignored | Application may be treated as abandoned | Application is treated as abandoned if no counter-statement is filed |
Already facing an opposition rather than an objection? See trademark opposition. Still to file? Start with trademark registration.
A bakery applies for a stylised word mark in Class 30. The report raises Section 9(1)(b) because the word hints at freshness, and Section 11(1) citing an earlier mark that shares the first syllable for confectionery. The reply does three things: it argues the word is suggestive rather than a direct description, with dated invoices and packaging from three years of local use; it compares the two marks side by side on look, sound and overall impression; and it narrows the specification to bakery products, removing confectionery, so the overlap with the cited mark falls away.
Illustrative scenario, not a past client matter. Whether amending beats arguing depends on how much of your specification you actually use.
If the cited mark is unused, trademark rectification may remove it from the register altogether. A fresh trademark search before you reply shows what else sits near your mark, and our objection response guide walks through drafting in more detail. If a hearing is already fixed, see trademark hearing representation.
Pick the speed and depth that matches your need. Same quality, same CA team — only the timeline changes.
Timeline: 3 working days
Timeline: 3 to 5 working days
Timeline: 5 to 7 working days
Government fee — paid by you at actuals
There is no government fee for an objection reply. The entire cost is professional, which means you are only choosing how much work goes into the argument. If an extension of time becomes necessary, Form TM-M carries a ₹900 government fee, paid at actuals.
Every price above is a professional fee, excluding GST and government charges. 50% upfront, 50% on delivery.
All fees and charges listed are indicative only and do not constitute a binding offer. Final amounts may vary depending on the volume of work and the complexity involved.
We pull the examination report and tell you three things: whether the objection is winnable, whether amending beats arguing, and whether the mark is worth defending at all.
Section 9 objections need distinctiveness and evidence. Section 11 objections need the cited marks distinguished one by one on look, sound, meaning and goods.
The reply drafted against the specific ground raised, with supporting material attached, and filed inside the one-month window.
If the reply is not accepted the Registrar gives an opportunity of hearing under Rule 33(6). Representation is included on the Complete plan.
Tell us your requirement, a CA will call you in 30 minutes.
The entire cost is professional. You are choosing how much work goes into the argument, not paying a Registry charge on top.
One month from receipt under Rule 33(4). Under Rule 18(2), where a document is served by email, service is deemed to happen at the time of sending — not when you read it.
Form TM-M under Section 131 can buy further time. The Registrar may refuse, and under Section 131(2) there is no appeal from that refusal.
The Registry sees thousands of replies that recite three paragraphs and attach nothing. Evidence is what does the work on a Section 9 objection.
Where a cited mark only blocks part of your specification, amending is often faster and cheaper than arguing. We will say so if that is the answer.
Sometimes the honest answer is to refile a different mark. We would rather say that than sell you a reply we expect to lose.
