Learn what Trademark Status Awaiting Reply to Examination Report means, why it appears, and how to respond effectively and protect your trademark in India.
When tracking your trademark application on the IP India website, you may come across the status “Awaiting Reply to Examination Report.” If you’re wondering what this means and how to respond effectively, you’ve landed on the right page.
In this blog, we’ll explain everything about this status, its implications, and the best course of action to ensure your trademark gets registered without unnecessary delays.
✅ What Does “Awaiting Reply to Examination Report” Mean?
After you file a trademark application in India, it is examined by an Examiner of Trademarks under Section 18 of the Trade Marks Act, 1999. Based on this examination, the examiner issues an Examination Report, which may either:
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Accept the application unconditionally;
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Raise objections under Section 9 (absolute grounds) or Section 11 (relative grounds); or
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Request clarifications, documents, or modifications.
If the application is objected to, the trademark status is updated to:
“Awaiting Reply to Examination Report”
This means that the applicant (or their legal representative) must file a formal reply addressing the examiner’s objections.
📝 Common Grounds for Objection in Examination Reports
Some common reasons why a trademark application may be objected to include:
1. Lack of Distinctiveness (Section 9)
The trademark is deemed generic, descriptive, or not capable of distinguishing goods/services.
2. Similarity with Existing Trademarks (Section 11)
The mark may be confusingly similar to a previously registered trademark.
3. Incorrect Classification
The application might have been filed under the wrong class of goods/services.
4. Incomplete Documentation
The examiner may request missing documents such as the User Affidavit, Power of Attorney, or Proof of Use.
🕒 Time Limit to File a Reply
According to Rule 38 of the Trade Marks Rules, 2017, the reply to the Examination Report must be submitted within 30 days from the date of receipt of the report.
⚠️ Failure to respond within the deadline can lead to the abandonment of the trademark application.
📂 How to File a Reply to the Examination Report
Filing a well-drafted and legally sound reply is crucial. Here’s a step-by-step guide:
Step 1: Download and Analyse the Examination Report
Log in to the IP India Trademark website and download the Examination Report using your application number.
Step 2: Draft the Reply
The reply should be persuasive, and must include:
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Legal arguments countering the objections;
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Judicial precedents (if applicable);
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Documentary proof, including User Affidavits, sales invoices, advertisements, etc.
Step 3: File the Reply Online
Log in to the Comprehensive e-Filing Services portal and upload the reply in the correct format along with the necessary documents.
Step 4: Track the Trademark Status
After filing the reply, the status will change to “Reply to Examination Report Filed.” The application will then be queued for further examination or hearing.
👨⚖️ What If the Objection Is Not Resolved?
If the examiner is not satisfied with the written reply, a Show Cause Hearing may be scheduled. It’s advisable to engage a trademark attorney to represent you during this stage.
✅ Tips to Ensure a Successful Trademark Registration
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Choose a unique mark – Conduct a thorough trademark search before filing.
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Respond within deadlines – Use calendar reminders to avoid missing crucial dates.
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Hire an experienced trademark lawyer – Professionals can help craft strong responses and improve your success rate.
🔍 Frequently Asked Questions (FAQs)
Q1. Is it mandatory to reply to the Examination Report?
Yes. Failing to respond will result in abandonment of the trademark application.
Q2. Can I reply to the Examination Report myself?
While you can, it is recommended to consult a trademark attorney for best results.
Q3. What happens after filing the reply?
The examiner reviews your reply and may Accept the application; Issue further objections; or Schedule a hearing.
🚀Concluding
The status “Awaiting Reply to Examination Report” is a crucial checkpoint in the trademark registration journey. A timely and well-drafted reply can make the difference between successful registration and abandonment of your brand identity.
📞 Have Questions?
Reach out to us for a confidential consultation and personalized legal guidance.
This content is for general information only, not a legal advice. For specific legal concerns, contact Lawfluencers at hello@lawfluencers.com!