Section 9(1)(b) Descriptive Mark Reply Draft

Examination report replies

Address the precise descriptive meaning alleged in the examination report.

Legal references checked: 8 October 2026

What a descriptive-mark objection means

Section 9(1)(b) concerns matter that describes a characteristic of the goods or services, such as their kind, quality or intended purpose. Start with the meaning identified in the examination report, then explain how it relates to your exact specification. Adding a logo, changing spelling or offering a disclaimer does not automatically remove the objection. Use the optional evidence paragraph only if genuine records support distinctiveness before filing.

Filing period and procedure

Reply under Rule 33(4) within one month from receipt. A proposed limitation requires proper review and the applicable filing procedure.

Before you prepare the draft

Facts to confirm

Exact goods/services and mark
Alleged descriptive meaning and relevant language
Meaning to the relevant customers
Filing date, use basis and any honest limitation under consideration

Evidence to keep ready

Examination report and mark image
Relevant dictionary or trade material with context
Genuine dated pre-filing use records only if relying on acquired distinctiveness

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

To the Registrar of Trade Marks
Re: [mark], Application [number], Class [class]
Applicant: [legal name]
Reply to report dated [date], received on [date]

1. The report raises Section 9(1)(b) against [quote or accurately summarise the identified objection]. The application is for [exact goods/services]. The applicant responds to the particular descriptive meaning alleged, rather than treating every word in the mark as inherently distinctive.

2. In [relevant language], [word/expression] means [accurate meaning and source]. For the specified goods/services, the relationship between that meaning and the product or service is [explanation]. The applicant submits that the whole mark does not consist exclusively of matter describing [kind/quality/purpose/value/origin/other characteristic identified in the report], because [fact-specific reason].

3. [KEEP ONLY IF TRUE:] Understanding the suggested connection requires [describe the actual mental step]. The expression does not directly name [identified characteristic]. Supporting material appears at Annexure [reference]. Any dictionary extract is provided with its relevant context. [KEEP ONLY IF TRUE:] The combination [identify combination] has [specific unusual construction or meaning], which should be assessed as filed.

4. [OPTIONAL—omit unless supported:] The applicant alternatively relies on distinctiveness acquired before filing on [date]. The affidavit and Annexures [references] show mark-bearing use from [supported date], including [dated invoices, labels and advertisements]. The applicant explains how this evidence supports customer recognition of this mark as its source identifier, rather than merely showing sales of the underlying product.

5. [OPTIONAL—only after review:] The applicant offers the following precise restriction to the specification: [wording within the permissible scope]. This is offered because [reason]. No change to the mark itself is requested through this paragraph.

6. The applicant requests withdrawal of the objection and acceptance. If any point remains unresolved, the applicant requests a hearing.

Annexures: [list]
[Name, capacity, signature and date]

Check before filing

A logo, invented spelling or disclaimer does not automatically cure descriptiveness. Do not describe a directly descriptive phrase as coined. Any change must stay within legally permissible limits.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Act, 1999: Section 9(1)(b) and proviso to Section 9(1)
Trade Marks Rules, 2017: Rules 33 and, where a permissible amendment is sought, 37

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

Reply to Section 9(1)(b): descriptive mark