An objection is not a rejection. Most objections can be overcome with a well-argued reply filed on time. What usually goes wrong is missing the reply deadline, sending a generic reply, or not attending the hearing. Here is how to deal with each stage.
9 problems solvedFor brand owners, trademark attorneys and agentsLast reviewed: 8 October 2026
The status changes to "Objected" or shows an examination report with objections under Section 9 or Section 11.
Why it happens
The examiner found the mark descriptive or non-distinctive (Section 9), or similar to an earlier mark (Section 11), or found a formal issue.
How to fix it
Download the examination report and record when it was received, keeping the notice and email service records. Rule 18 contains deemed-service provisions, including service at the time an email is sent.
File a response within one month from receipt of the examination report under Rule 33(4), addressing each objection point by point with relevant evidence. Calculate a calendar month rather than assuming a fixed 30 days.
If the prescribed period has passed, act immediately and review the actual service and any order. Rule 33(4) says the Registrar may treat the application as abandoned for no response; an extension or other remedy is not assured.
Avoid it next time
Check the application status every few weeks after filing, and keep the e-mail used in the application active.
Section 9 objection: mark is descriptive or not distinctive
What you see
The report says the mark describes the goods, their quality or purpose, or lacks distinctive character.
Why it happens
Words that directly describe the product, a quality, a place or a common term in the trade are not registrable without proof that the public recognises them as your brand.
How to fix it
Argue that the mark is suggestive or arbitrary, not directly descriptive, considering the mark as a whole.
If relying on acquired distinctiveness under the Section 9(1) proviso, show that the relevant public recognised the mark as identifying your business before the application date. Use dated, mark-specific sales, advertising, invoices and other recognition evidence; business age alone is not enough.
Explain the distinctive character of the mark as a whole and the limits on separate exclusivity over common or descriptive elements under Section 17. A disclaimer is not a standalone cure if the whole mark fails Section 9.
Avoid it next time
Choose coined or arbitrary names. Descriptive names are hard to register and hard to enforce.
The report lists earlier marks considered identical or similar to yours.
Why it happens
An earlier mark for identical or similar goods or services was found, and the examiner thinks confusion is likely.
How to fix it
Verify each cited mark’s current status and actual earlier rights. Explain any abandonment, refusal or removal, but do not assume it eliminates continuing use, passing-off rights or the limited Section 26 effect of removal for unpaid renewal fees.
Show the differences in the marks as a whole and in the goods, trade channels and customers.
Rely on honest concurrent use, or the earlier owner's consent, where available.
Consider narrowing your specification to remove overlapping goods.
Avoid it next time
Search before filing, and compare the goods, not just the names.
Missed the deadline to reply to the examination report
What you see
The reply period has passed, and the status may show "Abandoned".
Why it happens
The examination report was not noticed, often because the contact e-mail is no longer checked.
How to fix it
Check the current status and any abandonment order.
Review the service records and decision immediately. Rule 119 provides a TM-M review application within one month from the date of the Registrar’s decision, with a further period of up to one month only if the Registrar allows it on request. Any extension or other remedy depends on the applicable power, facts and order; get the specific case assessed promptly.
If that is not possible, file a fresh application. Your earlier filing date will be lost.
Avoid it next time
Use an e-mail and mobile you check daily in the application, and track the status monthly.
Law: Sections 127(c) and 131, Trade Marks Act 1999; Rules 18, 33(4), 109 and 119, Trade Marks Rules 2017Trademark status guide →#
Brand owners & professionals
Hearing notice received ("Ready for Show Cause Hearing")
What you see
The status shows "Ready for Show Cause Hearing", or a hearing notice arrives.
Why it happens
The examiner was not satisfied with the written reply and wants to hear the applicant before deciding.
How to fix it
Note the hearing date and mode (usually by video).
Prepare short written submissions and evidence that answer the remaining objection.
Attend the hearing. If you genuinely cannot, ask for an adjournment before the hearing date. Adjournment is at the Registrar's discretion, so do not count on getting one.
If you do not attend, the Registrar can decide on the papers and may refuse the application. If no reply was filed either, the application can be treated as abandoned.
Avoid it next time
Put strong arguments and evidence in the first reply. A good reply often avoids a hearing altogether.
The Registrar did not accept the arguments made in the reply and at the hearing.
How to fix it
If intending to appeal, Rule 36 permits a TM-M request for the written grounds and materials within thirty days from communication of the decision. Under Rule 36(3), receipt of that statement is deemed to be the decision date for appeal purposes; check that the request and limitation calculation meet the rule.
Assess a High Court appeal under current Section 91 promptly; its ordinary period is three months from communication of the order or decision, subject to the applicable statutory provisions and any valid Rule 36 calculation. A Registry review is a separate remedy under Rule 119, ordinarily within one month from the decision, with only the further period that the Registrar may allow.
Alternatively, file a fresh application for a modified, more distinctive mark.
Avoid it next time
Fix weak marks early: change or add a distinctive element instead of arguing a descriptive mark through every stage.
Law: Current Sections 18 and 91, Trade Marks Act 1999; Rules 36 and 119, Trade Marks Rules 2017Objection and appeal help →#
For brand owners
Status stuck on "Marked for Exam" for months
What you see
The application has shown "Marked for Exam" for a long time with no report.
Why it happens
The application is in the queue for examination. Processing times vary with the Registry's workload.
How to fix it
No action is needed while it is in the queue.
Keep using the mark with the ™ symbol, not ®.
Monitor the status regularly so you can reply quickly when the examination report is issued.
Avoid it next time
File early after checking the brand. A filing date can matter to application priority, but a pending application is not registration and does not automatically defeat earlier rights.
The examination report or acceptance is subject to a disclaimer of a word or element.
Why it happens
Where a mark contains a common or descriptive element, registration gives no exclusive right in that element, and the Registrar can accept the mark on condition that you disclaim it.
How to fix it
Assess the exact condition and the mark as a whole. A disclaimer of a common or descriptive element does not create separate rights in it and is not a standalone cure if the whole mark lacks distinctive character.
Argue against it if the element is in fact distinctive for your goods.
Avoid it next time
Build the brand around a distinctive element, not a descriptive word.
The report says your mark resembles a well-known trademark.
Why it happens
Section 11(2) can protect a well-known earlier mark in India against certain uses on dissimilar goods or services where unfair advantage or detriment is established. It is not an automatic monopoly across every class; Section 11(5) also addresses how this ground is raised in opposition.
How to fix it
Show that the marks are different as a whole, and that your use would not take unfair advantage of or harm the well-known mark.
If the resemblance is close, consider changing the mark.
Avoid it next time
Avoid names that echo famous brands, even in unrelated products.
Stuck on one of these right now? Send us the application number, the notice or a screenshot of the status. We will tell you the fix and the deadline, and file it for you if you want.
If your brand could only get one thing right, make it the trademark.
That is what we help you decide. Then we search it, file it, defend it, and keep it renewed for the next ten years — from Ahmedabad, for all of Gujarat.