The Trademark Registry examines a trademark application within a period of three to six months to one year from the date of filing.An Examination report is issued in case the Registry has some objection/s with the registration of the Trademark application filed, which may relate to the question of the trademarks distinctiveness, not meeting the qualifications under the act, existing similarity with prior existing trademark registrations, and filing of supporting documents.

If a mark is accepted during examination, the trademark office will issue an acceptance order and the trademark will be published in the journal. However, a trade mark is rarely accepted without objections. If registration of a trade mark is objected by the examiner in the examination report, applicant or his agent must respond to it within one month from the date of receiving the examination report.

A well crafted Trademark objection reply ensures that mark may get accepted by the examiner without proceeding for hearing, Any trademark objection reply must focus on objections raised in view of mark applied and cited marks, the answer to objection raised must be specific , supported by relevant examples of like trademark cases and must also be supported by recent relevant Trademark caselaws which supports your point of arguments. Below is the quick summary of what shall be the content of any Trademark objection reply or Examination report reply.

1. An answer to the objections raised, supported by legal prepositions, relevant sections of Trademark Act along with arguments crafted around the objections so raised
2. Relevant case laws or precedents of the trade mark office and Supporting documents to prove inherent or acquired distinctiveness.
3. An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage.

Filing of a correct and specific reply is pertinent step to secure trademark registration in India. In case, the objections are not being answered to the satisfaction of the trade mark office through the response submitted to them, the applicant can avail an opportunity of hearing before the Trademark Registrar, where he/she can present submissions orally. The hearing is generally conducted by the Assistant Registrar or Senior Examiners of Trade marks.

It is always advisable that applicant of the trademark hire an attorney for drafting a reply as they are better experienced with relevant trademark laws and caselaws that are pertinent to file the reply efficiently. In case, an applicant or his/her agent satisfies the objections of the Trademark Office via response or hearing, the examiner or assistant registrar, whoever has heard the matter, orders the publication/advertisement of the Trademark in the Trademark Journal.