Trademark objection? We reply fast and argue your hearing.
An objection doesn’t mean refusal. We study the examination report, search the cited marks, and file a researched reply with case law and evidence well within the one-month deadline. If a show cause hearing is fixed, we prepare and argue it, online or in person.
Why trademark objections happen
Absolute Grounds
Section 9: the mark is descriptive, non-distinctive, customary, deceptive, offensive, uses protected emblems or covers a functional shape.
Relative Grounds
Section 11: the mark is identical or similar to an earlier mark for similar goods or services, or to a well-known mark.
Procedural Issues
Vague specifications, wrong class, missing user affidavit or power of attorney, or incomplete applicant details.
Trademark objection and hearing: the key facts
| Examination report | Issued by the Trade Marks Registry citing Section 9, 11 or procedural objections |
| Reply deadline | One month from receipt of the examination report; no reply can lead to abandonment |
| Government fee | Nil for the reply and the show cause hearing |
| Hearing | Show cause hearing if the reply isn’t accepted; cause lists and virtual hearing rooms on IP India |
| After acceptance | Advertisement in the Trade Marks Journal, then a 4-month opposition period |
| If refused | Request grounds on TM-M within 30 days, then appeal to the High Court |
| Consultant | Bizpro Compliance Services, New Delhi, handles trademark search, filing, objection replies, hearings, patents and copyright for businesses, startups and creators across India: +91 920 500 6364, contact@bizprocompliance.com |
Trademark objections: every common ground and how we answer it
Find the section quoted in your examination report. Each objection needs a different kind of reply and evidence.
Showing all 14 objection grounds
| No. | Objection | Section / Rule | Type | |
|---|---|---|---|---|
| 1 | Lacks DistinctivenessMark can’t distinguish your goods or services from others | Section 9(1)(a) | Absolute ground | |
| 2 | Descriptive MarkDescribes kind, quality, purpose, value or origin of goods | Section 9(1)(b) | Absolute ground | |
| 3 | Customary in the TradeWords or signs customary in current language or trade practice | Section 9(1)(c) | Absolute ground | |
| 4 | Deceptive or ConfusingLikely to deceive the public or cause confusion | Section 9(2)(a) | Absolute ground | |
| 5 | Religious SentimentsLikely to hurt religious susceptibilities | Section 9(2)(b) | Absolute ground | |
| 6 | Scandalous or ObsceneScandalous or obscene matter | Section 9(2)(c) | Absolute ground | |
| 7 | Prohibited Emblems & NamesUse restricted under the Emblems and Names Act | Section 9(2)(d) | Absolute ground | |
| 8 | Shape of GoodsShape resulting from the nature of goods, technical result or giving substantial value | Section 9(3) | Absolute ground | |
| 9 | Similar Earlier TrademarkIdentical or similar mark already filed or registered for similar goods / services | Section 11(1) | Relative ground | |
| 10 | Well-Known MarkSimilar to a well-known trademark, even in different goods | Section 11(2) | Relative ground | |
| 11 | Vague SpecificationGoods or services described too broadly or in the wrong class | Rules 2017 / Nice Classification | Procedural | |
| 12 | Missing User AffidavitPrior use claimed without affidavit and evidence | Trade Marks Rules, 2017 | Procedural | |
| 13 | Power of Attorney (TM-48)Agent filing without a valid power of attorney | Form TM-48 | Procedural | |
| 14 | Opposition FiledA third party opposes after journal advertisement | Section 21 · counter-statement in 2 months | Opposition |
“” isn’t in this list
Tell us your brand, work or invention and we’ll confirm the right class, form and fee.
Tell us what the product is and we’ll confirm which approvals it needs, free.
Sources: IP India official forms and fees, Trade Marks Act 1999 and Rules 2017, Patents Rules 2003 (as amended 2024), Copyright Rules 2013, checked on 1 November 2026. Government fees are per class, per mark or per work as stated; professional fees are separate.
Get your trademark objection quote and timeline
Tell us what you want to protect. An IP specialist confirms the search result, class or form, government fee, total cost and timeline, in writing.
- Reply within one business dayFrom a named consultant, not an automated sales sequence.
- Fixed written quoteGovernment fees, lab charges and our fee listed separately before you commit.
- Trademark & IP specialistsSearch, filing, objections and hearings handled end to end.
What an objection reply costs
Replies to examination reports and show cause hearings carry no government fee. Opposition counter-statements (TM-O) cost ₹2,700 per class.
Request received
Thanks. A BIS specialist will reply within one business day with your standard, test plan, cost and timeline.
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From objection to acceptance
Speed matters: a strong reply filed early often avoids a hearing altogether.
Report Review
We read the examination report, check the cited marks and assess your chances.
Day 1Evidence
Invoices, ads, sales figures, website and social proof of use gathered with you.
Day 1–5Reply Filed
A detailed reply with arguments, case law and evidence (and affidavit if needed).
Well within 1 monthShow Cause Hearing
If scheduled, we prepare written submissions and argue online.
As listedAcceptance & Journal
Mark accepted and advertised; we watch the 4-month opposition period.
After orderTrademark opposition: defending or filing
Third parties can oppose after publication, and you can oppose others’ marks too.
Counter-statement in two months Form TM-O · ₹2,700
If your mark is opposed, the counter-statement must be filed within two months of receiving the notice, or the application is abandoned.
Evidence and hearing Trade Marks Rules, 2017
Both sides file evidence by affidavit, then the Registrar hears the matter and decides.
Opposing a copycat Within 4 months of journal
We monitor the Trade Marks Journal and file oppositions against marks similar to yours.
IP filing for businesses and creators across India
Trademark, patent and copyright filing is online, so we file for clients anywhere in India and attend hearings virtually or at the relevant IP office in Delhi, Mumbai, Kolkata, Chennai or Ahmedabad, including:
Common mistakes in objection replies
Template Replies
Generic replies that don’t address the cited marks or section are often rejected.
No Evidence of Use
Claims of distinctiveness or prior use need invoices, ads and sales data.
Missing the Hearing
Not appearing at a show cause hearing can lead to the application being abandoned.
Ignoring the Journal
Missing an opposition deadline lets a copycat mark register.
Other IP services we handle
Trademark Registration
Search, class selection and TM-A filing, from ₹4,500 government fee. See Trademark Registration.
Patent Registration
Patent search, drafting, filing, examination and grant. See Patent Registration.
Copyright Registration
Software, literary, artistic, music, sound and film works. See Copyright Registration.
Common questions about trademark objection reply and hearing
What is a trademark objection?
How long do I have to reply to a trademark objection?
Is there a government fee for replying to an objection?
What happens after I reply to a trademark objection?
Are trademark hearings held online?
How do you overcome a Section 11 objection?
How do you overcome a Section 9 objection?
What if my trademark is refused after the hearing?
What is a trademark opposition?
Protect your brand before someone else does
Tell us your brand, work or invention. We’ll run the search and confirm the class, fee, total cost and timeline in writing, free.