Section 9(2) Trademark Objection Reply Draft

Examination report replies

Answer a deceptive, religious, scandalous or prohibited-emblem objection with the mark's actual meaning, its context for the goods or services and any lawful restriction.

Legal references checked: 14 October 2026

How to answer a Section 9(2) objection

Section 9(2) is an absolute ground. It covers a mark of such a nature as to deceive the public or cause confusion, matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, scandalous or obscene matter, and marks whose use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. Answer only the clause actually cited. Explain the mark's meaning in every relevant language and its effect for the specified goods or services. The acquired-distinctiveness proviso applies to Section 9(1), not Section 9(2). Where the problem affects only some goods or services, a lawful restriction of the specification may be the practical answer.

Filing period and procedure

Rule 33(4): respond within one month from receipt of the examination report; if no response is received, the Registrar may treat the application as abandoned. If you restrict the goods or services, apply for the amendment in Form TM-M under Rule 37 with the prescribed fee.

Before you prepare the draft

Facts to confirm

Exact Section 9(2) clause cited and the examiner's stated reason
Meaning of every word or device in each relevant language, including slang or secondary meanings
Transliteration and translation filed for words in other scripts
Whether the goods/services actually have any characteristic the mark suggests
Any permission held for a protected name or emblem

Evidence to keep ready

Mark as filed, specification and examination report
Dictionary, linguistic or translator material for the meanings relied upon
Product specifications, certificates or origin records where the mark suggests a quality or origin
Previous permission of the Central Government or its authorised officer under the Emblems and Names Act, only if it exists
Draft restricted specification, if an amendment is proposed

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 [exact mark]
Applicant: [legal name]
Reply to examination report dated [date], received on [date]: objection under Section 9(2)([clause])

1. This reply addresses the objection under Section 9(2)([a/b/c/d]). The application covers [exact goods/services]. The mark sought to be registered is [word/device/composite mark as filed]. [If the mark contains words in a script other than Hindi or English:] The transliteration and translation filed with the application are [details], and the words belong to [language].

2. The mark means [accurate meaning in each relevant language, including any colloquial or secondary meaning known to the applicant]. It was adopted on [date, if known] because [actual reason]. The relevant purchasers of [goods/services] are [description]. They are likely to understand the mark as [explanation], for the reasons and material in Annexure [reference].

3. [KEEP ONLY IF SECTION 9(2)(a) IS CITED:] The report states that the mark may suggest [characteristic, origin, composition or connection identified in the report]. The applicant's response is [the goods/services have that characteristic, as shown in Annexure (reference) / the term would not be understood as a factual statement about these goods/services because (reason)]. This objection concerns the nature of the mark itself; any earlier-mark citation is answered separately under Section 11.

4. [OPTIONAL—omit unless supported:] The mark names or describes [goods/services]. The applicant offers the undertaking contemplated by Rule 30(2) that this name or description will be varied when the mark is used for [other goods/services in the specification].

5. [KEEP ONLY IF SECTION 9(2)(b) IS CITED:] The report links [word/device element] with [religious figure, symbol or text]. As filed, the element appears as [description] and is used for [goods/services]. The applicant submits that it is not likely to hurt the religious susceptibilities of any class or section of the citizens of India because [specific reasons, such as its ordinary use as a personal or place name, the manner of depiction or the nature of the goods/services], supported by Annexure [reference]. The applicant does not rely only on the fact that other traders use similar names.

6. [KEEP ONLY IF SECTION 9(2)(c) IS CITED:] The report treats the mark as [scandalous/obscene] because [stated reason]. Considering its ordinary and colloquial meanings in [languages] and the relevant purchasers, the applicant's position is [explanation]. Any other meaning known to the applicant is [meaning], and it is addressed as follows: [analysis].

7. [KEEP ONLY IF SECTION 9(2)(d) IS CITED:] The report refers to [name/emblem] under the Emblems and Names (Prevention of Improper Use) Act, 1950. The applicant's position is [the element is not a name or emblem specified in the Schedule to that Act, or a colourable imitation of one, because (facts) / the applicant holds the previous permission of (the Central Government or its authorised officer) dated (date), Annexure (reference)]. No permission is claimed unless a copy is filed.

8. [OPTIONAL—omit unless supported:] To address the objection for part of the specification, the applicant has requested, by [Form TM-M request reference and date], amendment of the specification to [exact restricted wording]. The amendment does not add goods or services or alter the mark.

9. [OPTIONAL—omit unless supported:] The mark has been used since [date] for [goods/services] in [territory]. After [describe the inquiries actually made], the applicant has no record of complaints that customers were deceived or offended. This is offered as context on how the mark is perceived, not as a statutory exception.

10. The applicant requests withdrawal of the Section 9(2) objection and acceptance of the application[, as restricted in paragraph 8], subject to the Registrar's assessment. If the objection remains, the applicant requests a hearing on the unresolved point.

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

Check before filing

Acquired distinctiveness under the Section 9(1) proviso and an earlier owner's consent under Section 11(4) do not answer a Section 9(2) objection. The Explanation to Section 9 provides that the nature of the goods or services is not itself a ground for refusal, so focus the answer on what the mark conveys. Rule 37 does not permit an amendment that substantially alters the mark or substitutes goods/services not in the application as filed, so removing an objectionable element may need a fresh application. A Rule 30(2) undertaking is included in the advertisement of the application.

Names of living persons, or of persons who died within twenty years before the application date (Section 14), and chemical elements or international non-proprietary names (Section 13) are separate provisions. Other laws, such as the State Emblem of India (Prohibition of Improper Use) Act, 2005, may also restrict particular emblems; check them where relevant.

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(2)(a) to (d); Explanation to Section 9; Section 22 (correction and amendment)
Trade Marks Rules, 2017: Rules 28, 30, 33 and 37
Emblems and Names (Prevention of Improper Use) Act, 1950: Sections 3 and 4, where Section 9(2)(d) is cited

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

Reply to Section 9(2): deceptive, religious, scandalous or prohibited marks