An objection in the examination report is common and is not a rejection. It is a chance to explain why your mark deserves registration.
Section 9: absolute grounds
These objections concern the mark itself:
- Descriptive marks — words that describe the kind, quality, purpose or origin of the product, such as "Fresh Masala".
- Lack of distinctiveness — common words or simple shapes that cannot identify a single source.
- Generic terms — words that have become the common name of the product.
- Deceptive or offensive marks.
A strong reply shows that the mark is not descriptive in context, or that it has acquired distinctiveness through long and substantial use, supported by sales figures and evidence.
Section 11: relative grounds
These objections arise because an earlier, similar mark exists for similar goods or services. A reply compares the marks as a whole, shows differences in sound, appearance and meaning, points out differences in the goods or trade channels, and relies on honest concurrent use where applicable.
The deadline
The reply is generally due within one month of the examination report. If it is not filed, the application can be treated as abandoned.
If the reply is not accepted
The Registry fixes a show-cause hearing, now usually held by video conference, where the matter is argued.
This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.