Seeing “Objected” on your trademark status can feel like your application is rejected. Most of the time, it isn’t. It simply means the examiner has raised questions and you must answer them in a structured way.
The difference between a smooth approval and a long back-and-forth is usually not “big legal knowledge.” It’s the basics done right. You understand which section the objection is under, you reply in the correct format, you attach the right evidence, and you stay within time.
The Trade Marks Rules require the applicant to respond within the prescribed period from the examination report, otherwise the application can be treated as abandoned.
In this guide, you’ll get a practical step-by-step method plus a simple reply format you can follow for most objections.
What is a trademark objection and why it happens
A trademark objection is a formal issue raised in the examination report. The examiner may object because the mark is not distinctive enough (often linked to absolute grounds) or because it is similar to an earlier mark (relative grounds).
In day-to-day practice, most objections fall into two buckets.
Section 9 type objections are about the mark itself, such as being descriptive or lacking distinctiveness. Section 11 type objections are about conflict with earlier marks and likelihood of confusion.
Once you know which bucket it is, your reply becomes much easier.
First check your deadline and don’t miss it
Don’t start writing the reply before you confirm the response window shown on your examination report.
The Trade Marks Rules provide a time period for response to the examination report and state consequences if the applicant fails to respond within that period.
If you are already close to the deadline, professionals often use Form TM-M to request extension of time with reasons, depending on your situation and what the registry allows.
Step by step process to prepare a strong objection reply
Step 1 – Read the examination report like a checklist
Open the report and write down each objection line by line. If the report cites similar marks, note the application numbers and classes. If it cites Section 9 style grounds, note the exact reason words used like “descriptive,” “non-distinctive,” or “common to trade.”
Step 2 – Decide which strategy applies Section 9 or Section 11
If it is Section 9 style, your reply must focus on distinctiveness. You either show the mark is coined/arbitrary, or you prove it has acquired distinctiveness through use and recognition.
If it is Section 11 style, your reply must focus on differentiation from cited marks. You show differences in visual appearance, pronunciation, meaning, nature of goods/services, customers, and trade channels.
Many reports contain both. In that case, answer each objection separately and clearly.
Step 3- Collect evidence before you draft the reply
Your reply becomes stronger when it is not just arguments.
If you are claiming prior use or acquired reputation, keep your best evidence ready. Typical evidence includes invoices, website screenshots, brand pages, packaging, social profiles, marketing creatives, brochures, client emails, purchase orders, and any proof of continuous use.
Step 4 – Draft the reply in a clean format that examiners can scan
Don’t write it like a story. Write it so an examiner can skim and still understand.
Use short paragraphs, clear headings, and direct answers. Avoid emotional statements like “we request kindly.” Replace them with factual statements like “the mark is coined and not descriptive of the goods.”
Step 5 – Submit via the registry’s accepted method and save proof
Registry procedures have evolved, and submission is commonly done through e-filing routes. The IP India Trade Marks Manual also describes ways replies are submitted as per practice and procedure.
Whichever method you use, keep your submission acknowledgement and a copy of the final reply PDF.
Reply format you can use for most trademark objections
Use this as your structure. Keep it as a 1.5 to 3 page reply and attach evidence separately.
1. Applicant and application details
Write the basics first so the reply is instantly identifiable.
- Application number
- Class
- Mark
- Applicant name
- Date of examination report
- Agent details if applicable
2. Short introduction
One short paragraph explaining you are responding to the examination report and requesting acceptance and advertisement.
3. Objection wise reply
A Reply to Section 9 type objection
Write 2–4 short paragraphs, depending on your case.
If your mark is coined or arbitrary, say that clearly and explain why it does not describe the goods/services.
If you have use, mention first use date and continuity. Then point to evidence: invoices, marketing material, online presence, and consumer recognition.
Tie the arguments to common Section 9 reasoning: distinctiveness and non-descriptive character.
B Reply to Section 11 type objection
This part should be structured and factual.
Explain how your mark differs from the cited marks, focusing on overall impression. Differences can be visual, phonetic, and conceptual. Then explain why the goods/services and customer base are different if applicable.
If cited marks are weak, generic, or have different dominant elements, say so carefully and support it with what is visible on the record.
4. Closing request
End with a short request to accept the reply, withdraw objections, and allow the mark to proceed.
A mini example you can model
If your brand is “ZENTORA” for digital marketing services and the cited mark is “ZENTOR” in a different space, your reply would focus on:
You show “ZENTORA” and “ZENTOR” are not identical, the overall impression differs, pronunciation differs, and customers and trade channels differ if one is unrelated. You keep it calm and factual.
If the objection is Section 9, and the examiner says the mark is descriptive, you explain “ZENTORA” is coined and does not describe the services, and therefore is inherently distinctive.
This is exactly the style examiners can process quickly.
Mistakes that get replies rejected or pushed to hearing
The most common mistake is replying with generic text that does not answer the specific objections. Another is ignoring cited marks and not comparing them properly.
A third mistake is claiming “used since” without attaching any evidence. If you say it, support it.
A fourth mistake is missing the response timeline and not filing TM-M extension when needed.
If your reply is not accepted, the matter may move to a hearing stage. That’s not the end, but it becomes slower and more paperwork-heavy.
Get your objection reply drafted by BizSetups
If you want a reply that is clear, properly structured, and supported with the right evidence, BizSetups can help with:
objection analysis, Section 9 and Section 11 drafting, evidence compilation guidance, and filing support.
We serve clients across India, and for faster coordination you can also connect with our BizSetups teams in Noida and Gurugram.
FAQ | Trademark Consultancy
1 How long do I get to reply to a trademark objection
The Trade Marks Rules prescribe a response period from the examination report and provide that failure to respond can lead to the application being treated as abandoned.
2 What is the best format for trademark objection reply
Use a structured format with applicant details, then objection-wise replies, and attach evidence separately so the examiner can scan quickly.
3 How do I reply to Section 9 objection
Focus on distinctiveness. Show your mark is coined or not descriptive, and support with evidence of use and recognition if available.
4 How do I reply to Section 11 objection
Differentiate your mark from cited marks on visual, phonetic, and conceptual basis and explain differences in goods/services and trade channels where relevant.
5 Can I take extension for filing objection reply
In practice, applicants often use Form TM-M to request extension with reasons, depending on circumstances and registry acceptance.
6 Will my trademark be rejected if it is objected
Not necessarily. Objection means you must respond. Many applications proceed after a proper reply and supporting evidence.
