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: 5 October 2026
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.
Where you have long use, file evidence of acquired distinctiveness: sales figures, advertising spend, invoices, media coverage.
Offer a disclaimer of the descriptive part if that helps registration.
Avoid it next time
Choose coined or arbitrary names. Descriptive names are hard to register and hard to enforce.
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.
Act within one month of the abandonment order. You can ask the Registrar to review the decision (Form TM-M), and in some cases ask for more time to reply. This is especially worth doing if the examination report or the abandonment notice never reached you. Anything beyond that, such as a High Court petition, needs an advocate.
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, 131 and 132, Trade Marks Act 1999; Rules 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 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
Accept a disclaimer of a genuinely descriptive word if the rest of the mark is distinctive. It speeds up registration.
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.
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.