Section 9(1)(c) Trademark Objection Reply Draft

Examination report replies

Explain whether the mark is customary in the relevant language or established trade practice.

Legal references checked: 8 October 2026

What a customary-expression objection means

Section 9(1)(c) concerns matter that has become customary in the current language or the established practices of the relevant trade. The reply should address the particular expression, goods or services and trade material identified in the report. An internet search with no results does not establish that an expression is absent from trade usage. Explain the evidence in context and use any prior-use argument only where it is supported.

Filing period and procedure

Rule 33(4): respond within one month from actual receipt of the report.

Before you prepare the draft

Facts to confirm

Exact expression challenged
Relevant trade, goods/services and customers
Material cited by examiner, if any
Application date and genuine use history

Evidence to keep ready

Full examination report
Contextual dictionary, trade publications or market records
Dated pre-filing mark-use evidence if acquired distinctiveness is genuinely claimed

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: Application [number], Class [class], mark [mark]
Applicant: [legal name]
Reply to report dated [date], received on [date]

1. The report objects under Section 9(1)(c) on the basis that [accurate description of the stated concern]. The relevant goods/services are [specification]. The applicant asks that the expression be considered in the language and trade context relevant to those goods/services.

2. The challenged expression is [identify it]. Its ordinary meaning is [meaning, language and source]. The available trade material shows [specific supported fact about its use]. Annexure [reference] contains [identify publication/document, date and relevant passage]. The applicant submits that this material does not establish customary use of the whole applied-for mark for [goods/services], because [specific contextual reason].

3. Where the report cites [source/example], the applicant's response is [explain the actual context, date, different meaning or limits of that example]. This response does not assume that an internet search proves the absence of customary use. It addresses the evidence and the relevant expression directly. [OPTIONAL—omit unless supported:] The combination [identify elements] has [specific feature or meaning] beyond the customary expression identified in the report.

4. [OPTIONAL—omit unless supported:] Before filing on [date], the applicant's use had caused the mark to identify its business source among [relevant customers]. The supporting affidavit and Annexures [references] establish [supported dates, territory and extent]. Documents include [dated evidence]. The submission concerns recognition of the mark, rather than company-name registration or domain ownership alone.

5. On the evidence and explanation above, the applicant requests reconsideration of the Section 9(1)(c) objection and acceptance of the application. If the Registrar considers particular trade material decisive, the applicant requests an opportunity to address it and to be heard before an adverse decision.

Annexures: [numbered documents]
[Name, capacity, signature, date and address for service]

Check before filing

An unsuccessful online search is not proof that a word is absent from trade usage. Do not confuse customary use with descriptiveness; answer each ground actually raised.

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)(c) and proviso to Section 9(1)
Trade Marks Rules, 2017: Rule 33

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

Reply to Section 9(1)(c): customary expression