Examination report
What Examination report means, how it works, a worked example, the mistakes we see and the questions founders ask.
DefinitionAn examination report is the Trademark Registry's written objection to a trademark application, citing grounds such as similarity to an existing mark, and requiring a reply within 30 days.
After a trademark application is filed, an examiner checks it against the Trade Marks Act and the register. If they find a problem, they issue an examination report, usually within a month to a few months of filing, listing objections under Section 9 (the mark is descriptive or not distinctive) or Section 11 (it conflicts with an earlier mark), and sometimes formal defects. You meet it on the IP India portal, where the application status changes to "Objected". What it means for you: you have 30 days to file a reasoned reply with evidence, such as proof of use, a comparison with the cited marks or a limitation of goods. A good reply usually clears the objection; if not, a hearing follows. Ignoring the report abandons the application and the government fee.
How Examination report works
After the formalities check, an examiner at the Trade Marks Registry searches the register and reviews the mark against the Trade Marks Act 1999. Objections under Section 9 are absolute grounds: the mark is devoid of distinctive character, describes the goods or their quality or origin, is a common trade term, or is deceptive or offensive. Objections under Section 11 are relative grounds: an identical or similar earlier mark exists for the same or similar goods, and the report lists those marks with their application numbers and classes. Formal objections, such as a missing user affidavit, a wrong class or an unsigned power of attorney in TM-48, can also appear.
The report is uploaded to the application's page on the IP India portal and the status changes to Objected. Under Rule 33 of the Trade Marks Rules 2017 a written reply must be filed within 30 days of receiving it; with no reply, the application is treated as abandoned. The reply is filed online with no fee and argues the points: for Section 9, that the mark is coined, suggestive or has acquired distinctiveness through use, supported by an affidavit with sales figures and advertising; for Section 11, that the cited marks differ in look, sound or meaning, cover different goods, are abandoned or expired, or belong to a party that has given a consent letter.
If the examiner accepts the reply, the application moves to Accepted and is advertised in the Trade Marks Journal, opening a four-month opposition window. If not, a show-cause hearing is listed, usually by video, and the applicant or agent argues the case; adjournments are sought on TM-M for a fee. A refusal after hearing can be reviewed or appealed to the High Court. Since 2024 the Registry has been issuing reports within one to three months of filing, so an application that clears without objection can register within a year.
A Jaipur skincare brand files SUNVEDA in class 3 in June 2026 and receives an examination report in August citing Section 9 (SUN describes a sunscreen) and Section 11 (an earlier mark SUNVED in class 5). The reply, filed on day 22, argues that the mark is a coined whole, that VEDA gives it meaning beyond the descriptive word, and that the cited mark covers pharmaceuticals in a different class with a different trade channel, attaching an affidavit of eighteen months of use and ₹40 lakh of sales. The examiner accepts in October and the mark is advertised in November.
Mistakes we see with Examination report
- Missing the 30-day deadline because the report went to an agent's unmonitored email, so the application is abandoned and must be refiled with a new date.
- Replying with a bare denial instead of evidence; a Section 9 objection is overcome by use and distinctiveness, not by assertion.
- Ignoring a cited mark that has lapsed, when a line showing its status as abandoned or not renewed would have disposed of the objection.
- Filing in a descriptive form (a product name plus the goods) without first checking that the word part can stand alone, so the objection was predictable.
Last updated 19 October 2026. Checked against the MCA, GST, Income-tax and Trade Marks rules in force for October 2026.
Where you will meet this term
Questions founders ask about Examination report
How long do I have to reply to a trademark examination report?
Thirty days from the date the report is received, under Rule 33 of the Trade Marks Rules 2017. The Registry treats the date of upload as receipt, so the portal date is the safe one to count from. No extension is available; a missed deadline abandons the application.
What is the difference between a Section 9 and a Section 11 objection?
Section 9 concerns the mark itself: it is descriptive, generic, non-distinctive or deceptive. Section 11 concerns conflict with earlier marks on the register. A Section 9 objection is answered with evidence that the mark is distinctive or has become so through use; a Section 11 objection by distinguishing the cited marks or obtaining consent from their owners.
Can I keep using my brand while the objection is pending?
Yes. Use is not conditional on registration, and the ™ symbol can be used from filing. Evidence of continued use strengthens a Section 9 reply. The ® symbol can be used only after the registration certificate issues.