Professional response to Trademark Examination Report — counter-statement drafted within 30-day deadline to save your application from abandonment.
A Trademark Examination Report is issued by the Trade Marks Registry within 30–90 days of filing, raising objections under the Trade Marks Act. Absolute grounds (Section 9) objections include descriptive, non-distinctive, or deceptive marks. Relative grounds (Section 11) objections cite earlier registered or pending marks that conflict with yours. The applicant has 30 days from the examination report to file a counter-statement — failure to respond leads to the application being treated as abandoned.
Common objection types include descriptiveness (mark directly describes the product), similarity to prior marks (cited conflicting registrations), generic marks (common name for the goods), and geographical indications. MFiling prepares legally sound counter-statements addressing each ground with statutory provisions, IP India precedents, comparative mark analysis, and evidence of distinctiveness.
MFiling professional charges: from Rs.2,999 per objection response. Extensions available on application if more time needed.
Review each objection ground — absolute (Sec 9) or relative (Sec 11) — and prepare strategy.
Gather invoices, advertisements, social media presence, awards, and brand recognition evidence.
Prepare detailed legal arguments addressing each objection with applicable statutory provisions and precedents.
Sworn affidavit establishing the applicant's earliest date of use of the mark in India.
Submit formal counter-statement response within the 30-day statutory deadline.
Monitor IP India portal for acceptance or scheduling of hearing after counter-statement.