Trademark Objection: How to Reply to an Examination Report

After you apply for a trademark, an examiner at the Trade Marks Registry checks it and issues an examination report. If the examiner sees a problem, the status shows "Objected". This is common and does not mean your brand is rejected. A well-drafted reply clears most objections.

Why objections are raised

Absolute grounds (Section 9)

• The mark is descriptive of the goods or services, such as "Fresh Bakery" for bread
• It lacks distinctive character
• It uses common or customary words in the trade
• It may deceive the public or hurt religious sentiments

Relative grounds (Section 11)

• It is identical or similar to an earlier mark for similar goods or services
• It could cause confusion among consumers

Procedural issues

• Wrong class or vague description of goods
• Missing user affidavit when use is claimed before the filing date
• Missing power of attorney

Reply deadline

File the reply within 30 days of the examination report. If you miss it, the application can be marked abandoned and you may need to file again, losing your priority date.

What a good reply contains

1. Point-by-point response to each objection raised
2. For Section 9: arguments on distinctiveness, the mark taken as a whole, and evidence of use
3. For Section 11: comparison showing differences in look, sound, meaning and goods; previous decisions where helpful
4. Evidence: invoices, advertisements, website screenshots, sales figures, social media presence
5. User affidavit if you claim use from an earlier date
6. Amendments, such as narrowing the description of goods, where that solves the issue

After the reply

Tips

• Search the register before filing to spot conflicting marks early.
• Logos with a distinctive device are easier to register than plain descriptive words.
• Keep dated proof of your brand's use from day one.

Our IP team drafts objection replies and attends hearings. See our trademark objection service or start with trademark registration.

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Frequently Asked Questions

Q1. What is the deadline to reply to a trademark objection?

The reply should be filed within 30 days of receiving the examination report. If no reply is filed, the application can be treated as abandoned.

Q2. Is an objection the same as an opposition?

No. An objection is raised by the trademark examiner. An opposition is filed by a third party after the mark is published in the Trade Marks Journal.

Q3. Can I keep using my brand during the objection?

Yes, you can continue using the mark, with the TM symbol, while the application is pending.

Q4. What happens after the reply?

If the examiner accepts the reply, the mark is advertised in the journal. If not, a show-cause hearing is scheduled where you or your attorney can argue the case.