Filing a trademark is only the first step. Soon after, the Trade Marks Registry examines the application and may issue an Examination Report raising objections. Receiving one is common and rarely fatal — but it must be answered properly and on time.
Why this matters
An unanswered Examination Report can lead to the application being treated as abandoned. Understanding the objection lets you respond with the right arguments and evidence, keeping your application alive.
The relevant legal provisions
Objections usually fall under two heads of the Trade Marks Act, 1999:
- Section 9 (absolute grounds): the mark is non-distinctive, descriptive, generic, or otherwise lacks the capacity to distinguish.
- Section 11 (relative grounds): the mark is identical or similar to an earlier mark for similar goods/services, creating a likelihood of confusion.
How to read the report
Identify (1) the section cited, (2) for Section 11, the conflicting cited marks listed, and (3) the deadline to respond. The report will specify the grounds and any cited applications/registrations.
Timeline
A reply to the Examination Report is generally due within 30 days of receipt. If the objection is maintained, the matter may be set down for a hearing before the application proceeds to publication.
Practical example
An applicant for a coined word mark receives a Section 11 objection citing a similar earlier mark in the same class. The reply distinguishes the marks (visual, phonetic and conceptual differences), the goods, and may include evidence of use or consent, depending on the facts.
Common mistakes
- Missing the 30-day window.
- Filing a generic, one-line reply instead of addressing the specific section and cited marks.
- Ignoring the option of evidence of use, distinctiveness, or a consent/coexistence arrangement where appropriate.
Documents / checklist
- The Examination Report and application details.
- Arguments addressing each ground (Section 9 and/or 11).
- Supporting evidence (use, distinctiveness, consent) where relevant.
Key takeaway
Read the report carefully, note the section and cited marks, and file a reasoned, evidence-backed reply within the deadline. An objection is a step in the process, not the end of it.
IPVIGIL is an educational IP law blog. This content is for general informational purposes only and is not legal advice, solicitation or advertisement. Confirm current procedure and timelines with the Trade Marks Registry or a qualified professional.