What is a trademark examination objection?

A written report issued by the Registrar citing grounds under s.9 (absolute — descriptiveness, non-distinctiveness) or s.11 (relative — identical/similar to an earlier mark) for refusing or restricting registration of the TM-A.

How long do I have to file a TM-O reply?

30 days from receipt of the examination report. A further 90 days may be obtained via TM-M extension (Rule 36(2)).

What is the government fee for a TM-O reply?

₹1,500 under Rule 36 / First Schedule Item 19. TM-M extension — ₹500 (individual/startup/SME) / ₹1,500 (others) per extension.

What happens if I miss the deadline?

The application is deemed abandoned under Rule 36(3). The TM-A fee is forfeited. You must file a fresh TM-A with a fresh fee.

Can I file the reply myself?

Yes — an applicant may file directly. However, the reply requires legal reasoning under s.9/s.11 and supporting evidence; most applicants use a registered trademark agent.

Will a hearing always follow?

Not always. If the Registrar accepts the reply, the mark proceeds to publication. If not satisfied, a hearing under Rule 38 is scheduled with at least 14 days' notice.

Can the objection be overcome without evidence of use?

Yes — for inherent-distinctiveness grounds (coined/invented word). For descriptive marks, acquired-distinctiveness evidence under s.9(3) is essential.

If the mark is refused after hearing, what next?

Appeal to the High Court under s.91 within 3 months of the refusal order (post IPAB abolition via the Tribunal Reforms Act 2021, w.e.f. 4 April 2021).

Editor's pickStartup · Business Registration

Trademark Objection Reply | Expert Legal Drafting & Filing

Is your trademark facing an objection from the registry? Get expert legal help to draft and file a strong reply to the examination report. Ensure your brand's approval.

Statutory basis: Trade Marks Act 1999, ss. 9 (absolute grounds), 11 (relative grounds), 23 (procedure after examination).

Turnaround

7 Days

₹

Starts from

₹2,299

Money-back accuracy

Guaranteed

Total starting from

₹2,299

Professional fee (no government fee)

Professional fee₹2,299 starts with

Government fee (est.)No fee

Turnaround7 Days

Money-back accuracy. CA/CS specialist. Tracked client portal.

CONFIRMEDverified 25 Aug 2026

Dedicated specialist

CA-led, named point of contact

Tracked client portal

Real-time status, end-to-end

Money-back accuracy

Refile-free if our error

Flat-fee pricing

No hidden charges, ever

About this service

Trademark Registration confers an exclusive statutory right to the use of a brand name, wordmark, logo, or slogan in relation to the goods or services for which it is registered. Governed by the Trade Marks Act, 1999 and managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), registration protects against counterfeiters, establishes nationwide priority, and creates an intangible commercial asset valid for 10 years and perpetually renewable.

Eligibility & thresholds

Minimum

Individual, startup, or enterprise
Distinctive name, logo, or tagline
Specific Nice classification (Class 1-45)

Maximum

Multi-class filing permitted
Series & collective marks supported
10-year statutory validity per renewal

Statutory floor

50% Govt fee discount for MSME / DPIIT
Section 9 (absolute grounds) clear
Section 11 (relative similarity) clear

What's included

Everything in one transparent fee — no add-ons, no surprises.

Comprehensive TM Search

Deep search across phonetic and visual similarities in IP India trademark database.

Nice Class Specification

Accurate drafting of goods and services specifications under appropriate classes (1–45).

Form TM-A Filing

Official filing on the CGPDTM portal with instant TM application number generation.

Attorney Scrutiny

Formulation and verification by specialized intellectual property advocates.

Status Tracking & Alerts

Real-time tracking of examination reports, journal publication, and objections.

Certificate Issuance

Delivery of official registration certificate with 10-year exclusive legal protection.

Government Fee Breakdown

Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.

Fee Component	Amount (₹)	Basis / Authority
Trademark Objection Reply Statutory Filing	₹0 (No government fee)	Government fee is Nil / exempted under applicable statutory rulesOfficial Regulator
Total Government Fee	No fee	(for default assumptions stated below)

Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.

Required documents

Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.

›TM-O reply addressing each ground raised in the examination report (s.9 absolute, s.11 relative). — TM-O reply addressing each ground raised in the examination report (s.9 absolute, s.11 relative).
›Affidavit of distinctiveness / long use (if acquired distinctiveness is claimed under s.9(3)/s.11(6) — Affidavit of distinctiveness / long use (if acquired distinctiveness is claimed under s.9(3)/s.11(6)).
›User-evidence exhibits (invoices, advertisements, sales turnover figures, third-party mentions). — User-evidence exhibits (invoices, advertisements, sales turnover figures, third-party mentions).
›TM-48 authorisation if filed by an agent. — TM-48 authorisation if filed by an agent.
›Authorisation letter / board resolution if filed by a company's representative. — Authorisation letter / board resolution if filed by a company's representative.

How it works

Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.

1
Customer⏱ 1 - 3 Days
Step 1: **Registrar** issues the examination report citing grounds under s.9 and/or s...
**Registrar** issues the examination report citing grounds under s.9 and/or s.11 (typical 12–24 months from filing).
2
I-Pro⏱ 1 - 3 Days
Step 2: **I-Pro** reviews the report, identifies each cited mark and ground, and draf...
**I-Pro** reviews the report, identifies each cited mark and ground, and drafts a paragraph-wise reply.
3
I-Pro⏱ 1 - 3 Days
Step 3: **Customer** provides supporting evidence
**Customer** provides supporting evidence — invoices, advertisements, sales figures, consent letters.
4
I-Pro⏱ 1 - 3 Days
Step 4: **I-Pro** prepares the user-affidavit and notarises it (if acquired distincti...
**I-Pro** prepares the user-affidavit and notarises it (if acquired distinctiveness claimed).
5
I-Pro⏱ 1 - 3 Days
Step 5: **I-Pro** files TM-O reply electronically on the IP India portal within 30 days.
**I-Pro** files TM-O reply electronically on the IP India portal within 30 days.
6
I-Pro⏱ 1 - 3 Days
Step 6: (Optional) **I-Pro** files TM-M for extension of time if more than 30 days ar...
(Optional) **I-Pro** files TM-M for extension of time if more than 30 days are needed (Rule 36(2) — maximum additional 90 days).
7
I-Pro⏱ 1 - 3 Days
Step 7: **Registrar** reviews the reply; either accepts the mark for advertisement, s...
**Registrar** reviews the reply; either accepts the mark for advertisement, schedules a hearing under Rule 38, or refuses.
8
I-Pro⏱ 1 - 3 Days
Step 8: If hearing scheduled
If hearing scheduled — **I-Pro** represents the applicant; the Registrar issues an order in writing.
9
I-Pro⏱ 1 - 3 Days
Step 9: If accepted, the mark is published in the Trade Marks Journal for the 4-month...
If accepted, the mark is published in the Trade Marks Journal for the 4-month opposition window.
10
Regulator⏱ 1 - 3 Days
Step 10: If refused, the applicant may appeal to the High Court under s.91 (post IPAB ...
If refused, the applicant may appeal to the High Court under s.91 (post IPAB abolition, w.e.f. 4 April 2021) within 3 months.

Post-registration compliance

What to file next. I-Pro handles these as part of the annual compliance package.

Filing	Form	Deadline
If no reply is filed within 30 days (or 30+90 days Penalty: If no reply is filed within 30 days (or 30+90 days with extension), the application is deemed abandoned under Rule 36(3) — the TM-A fee is forfeited. The abandoned application cannot be revived; a fresh TM-A is required.	`Reply within 30 days; extension up to 90 additiona`	If no reply is filed within 30 days (or 30+90 days with extension), the application is deemed abandoned under Rule 36(3) — the TM-A fee is forfeited. The abandoned application cannot be revived; a fresh TM-A is required.

Penalties for non-compliance

Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.

Non-compliance	Provision	Penalty
If no reply is filed within 30 days (or 30+90 days	Reply within 30 days; extension up to 90 additiona	If no reply is filed within 30 days (or 30+90 days with extension), the application is deemed abandoned under Rule 36(3) — the TM-A fee is forfeited. The abandoned application cannot be revived; a fresh TM-A is required.

Common mistakes to avoid

Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.

1
Proposing a descriptive or generic brand name (Section 9 objection)
Why: Trade Marks Act prohibits registering words that merely describe the product's character or quality (e.g. 'Pure Cold Pressed Oil').
Fix: We conduct pre-filing distinctiveness evaluation and suggest distinctive, coined, or arbitrary brand elements.
2
Filing without a prior phonetic and visual trademark search
Why: Existing registered or pending marks in the same or related Nice class trigger Section 11 relative grounds objections.
Fix: Our IP attorneys run exhaustive phonetic searches on the IP India database across all 45 classes before filing.
3
Selecting incorrect Nice Class or vague goods specification
Why: Protection is strictly bounded by the classes filed; incorrect classification leaves your primary offerings unprotected.
Fix: We draft precise, legally audited goods and services specifications matching international Nice Classification standards.

Frequently asked questions

Everything you need to know about this service.

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