Trademarks Examination Report
After examination, the Trademark Registry may issue an Examination Report (objection). Applicants must reply with grounded submissions within the prescribed time to avoid refusal.
Examination Report & Reply
Examination Report & Reply
Once the examination is completed, the Examiner may issue an examination report (often called an objection). If objections are raised, the applicant must file a reply within 30 days (or the period specified) explaining why the mark should be accepted.
The reply should address each ground of objection with legal and factual submissions, evidence of use, distinctions from similar marks, or amendments to the specification if appropriate. If the Registrar accepts the reply, the application proceeds; otherwise, the mark may be refused or set for hearing.
About
The Examination Report stage is critical — the Registrar identifies formal or substantive objections. A well drafted reply increases chances of acceptance. We help draft grounded responses, collate evidence, and represent you during hearings if needed.
Major Reasons for Objection
Common grounds on which Registrar raises objections during examination
Lack in Documents / Shortcomings
Missing or incorrect documents (e.g., incorrect POA, signature issues, or improper applicant details).
Wrong Classification of Class
Goods/services described do not fall under the selected class; may require deletion or reclassification.
Lack Distinctiveness
Mark is descriptive/generic and does not distinguish the goods/services from others.
Identical or Similar Mark
Conflicts with earlier registered / pending marks — needs convincing arguments and evidence of distinction.
Incorrect Form or Applicant Name
Form TM-A errors or incorrect applicant details require rectification and re-submission.
Vague Specification of Goods/Services
Specification too broad or unclear — office may ask to limit or clarify the goods/services.
Deceptive Goods
If mark misleads consumers about the nature or quality of goods/services, objection can be raised.
Procedure
How we handle objections & replies — step by step
Analyse the objection report
We study the Examiner’s objections and identify the legal & factual gaps that led to the report.
Drafting of objection reply
Prepare a carefully crafted reply addressing each point with law, facts and supporting evidence.
Response & filing
File the reply before the Registry within stipulated time, or request extension if applicable.
Acceptance or refusal order
If reply is accepted, the mark proceeds; if not, a refusal order may be issued and hearing may follow.
Hearing / further submissions
If required, represent client at hearing and submit oral/ documentary evidence to overturn objections.
Publication in Journal
On acceptance, application is published in the Trademark Journal for opposition period; thereafter registration may follow if unopposed.
Frequently Asked Questions
Reach us at contact@harshdeepnarula.in for any unanswered queries
A Trademark objection is an adverse finding by the Registrar during examination, pointing to legal or procedural deficiencies in the application.
Objections may be raised due to conflicting earlier marks, lack of distinctiveness, vague specifications, missing documents, or deceptive nature of the mark.
The Examination Report (or Official Action) is the formal communication from the Registrar listing objections and deficiencies identified during examination.
The usual time is 30 days from the date of the report; extensions may be sought in limited circumstances.
Generally no separate government fee is charged solely for filing a reply; fees apply for subsequent procedural filings or hearings as applicable.
Fees depend on actions — e.g., hearing requests, certified copies, or representation fees may attract charges. Check the official schedule for exact amounts.
Objections are broadly procedural (form/ documents) or substantive (distinctiveness, similarity, deception, classification). Each requires different response strategies.
Failure to reply may lead to abandonment, refusal, or removal of the application. You may lose priority and the option to pursue registration without fresh filing.
Need help with an Examination Report?
Our trademark attorneys draft targeted replies, compile evidence and represent you in hearings to secure registration.