Trademark Examination Report Reply Cost India 2026

Verified against Trade Marks Rules 2017 and Trade Marks Act 1999. Last updated May 2026. Authored by Legismith Partners LLP — IP India Registered Trademark Attorneys, Pune. Author: Santosh Sangle (TM Attorney No. 33801).

When the Trade Marks Registry objects to your trademark application, the examiner issues an “examination report” (sometimes called an “objection letter”) detailing the grounds for objection. You have 30 days to file a written reply. If you do not reply, your application is deemed abandoned — permanently. This guide explains what examination reports mean, what they cost to reply to, and why the quality of the reply determines your outcome.

For the full picture of government trademark filing fees in India, see the complete trademark filing cost guide.

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What Is a Trademark Examination Report?

After a trademark application is filed, a trained examiner at the Trade Marks Registry reviews it under Section 9 and Section 11 of the Trade Marks Act 1999. If the examiner identifies any issue — whether the mark is too descriptive, identical or similar to an existing mark, or contains prohibited elements — they issue a formal examination report (also called an “office action” in international terminology).

The examination report is sent to the trademark attorney of record (the person who filed the application). It lists all objections with specific legal grounds. The applicant has 30 days from the date of the report to file a written reply (Form TM-M). If no reply is filed within 30 days, the application is treated as abandoned. Approximately 80–90% of trademark applications filed in India receive at least one examination report.

Why Does the Examiner Raise Objections?

Examination report objections in India fall into two categories under the Trade Marks Act 1999:

Objection Type	Legal Section	Common Reasons	How It Is Addressed
Section 9 — Absolute Grounds	Trade Marks Act 1999, Section 9	Mark is descriptive (e.g., “FRESH” for food), generic (e.g., “COMPUTER” for computers), lacks distinctiveness, is deceptive, or contains prohibited elements	Written submissions showing acquired distinctiveness through use, survey evidence, or design features that give the mark distinctive character
Section 11 — Relative Grounds	Trade Marks Act 1999, Section 11	Mark is identical or deceptively similar to an existing registered trademark or a prior pending application in the same or similar class of goods/services	Arguments distinguishing the marks visually, phonetically, and conceptually; evidence of different trade channels; limiting description of goods/services
Formality Objections	Trade Marks Rules 2017	Incorrect applicant details, missing Power of Attorney, incomplete description of goods/services, wrong NICE classification	Correcting the specific formal deficiency and filing the corrected information

Cost of Replying to a Trademark Examination Report

The government fee for filing an examination report reply (Form TM-M) is ₹0 — zero. The Trade Marks Rules 2017 do not prescribe any government fee for filing a reply to an examination report. The only cost is the attorney’s professional fee for drafting the technical legal response.

Objection Complexity	Government Fee	Market Attorney Fee Range	Legismith Fee
Simple formality objection (incorrect details, format issues)	₹0	₹3,000 – ₹5,000	Included in ₹20,000 flat fee
Section 9 absolute grounds objection (descriptive, generic mark)	₹0	₹5,000 – ₹10,000	Included in ₹20,000 flat fee
Section 11 relative grounds objection (conflict with existing mark)	₹0	₹8,000 – ₹15,000	Included in ₹20,000 flat fee
Combined Section 9 and Section 11 objections	₹0	₹10,000 – ₹15,000	Included in ₹20,000 flat fee

Market attorney fee ranges are estimates based on typical professional fees charged by trademark attorneys in India as of 2026. Rates vary by attorney experience, city, and objection complexity. All examination reply fees listed above are separate from initial filing fees. With Legismith’s flat fee engagement, examination report replies at all complexity levels are covered within the ₹20,000 professional fee — no additional charge at this stage.

What Happens at a Trademark Hearing?

If the examiner is not satisfied with the written reply to the examination report, they issue a notice for a Show Cause Hearing — a formal proceeding before a Trademark Hearing Officer at the Trade Marks Registry. The hearing is scheduled approximately 1 to 3 months after the examination reply. The attorney appears before the Hearing Officer and presents oral arguments supplementing the written reply.

The government fee for a trademark hearing is ₹0 — zero. No fee is charged for the hearing itself. The only cost is the attorney’s representation fee, which typically ranges from ₹5,000 to ₹15,000 per hearing in the market. The Hearing Officer issues a decision: the application is accepted, conditionally accepted (with amendments to the description), or refused. A refused application can be appealed before the Intellectual Property Appellate Board (IPAB, now merged with the Delhi High Court under the Tribunals Reforms Act 2021).

Why Reply Quality Determines Your Outcome

A trademark examination report is not a rejection — it is an opportunity. Approximately 60–70% of examination reports can be resolved through a well-drafted written reply without requiring a hearing. However, a poorly drafted reply — which fails to address the specific legal grounds raised, provides insufficient evidence of distinctiveness, or does not correctly distinguish the applied-for mark from the conflicting mark — will result in the examiner scheduling a hearing. A hearing that is also poorly handled results in refusal. A refused application loses the government fee paid at filing — ₹4,500 or ₹9,000 per class — with no refund.

Platform-based cheap filings (₹1,499–₹2,999) almost universally charge separately for examination report replies, or worse, do not provide quality replies at all, relying on templated responses that do not address the specific objections. This is the primary reason why thousands of trademark applications filed through platforms each year are abandoned or refused — not because the marks themselves are unregistrable, but because the examination reply was inadequate.

Legismith Partners LLP — Examination Report Reply Included in Flat Fee

Legismith’s ₹20,000 flat professional fee specifically covers examination report reply at any complexity level and hearing representation — as part of the same engagement, not as an extra charge. Every examination report received is drafted personally by a qualified trademark attorney (Santosh Sangle, TM Attorney No. 33801, or Amar Gite, TM Attorney No. 40506) — not by a paralegal or automated system. The reply is tailored to the specific objection grounds in your report, supported by legal precedent from the Trade Marks Act 1999 and Intellectual Property Appellate Board decisions.

For the total trademark filing cost with Legismith, see the complete trademark registration cost guide. To understand the full trademark registration process, see how to register a trademark in India. MSME and startup clients — claim your MSME and startup fee concession to reduce the government fee component.

Frequently Asked Questions — Trademark Examination Report

What is the government fee for filing a trademark objection reply?

The government fee for filing a reply to a trademark examination report (Form TM-M) in India is ₹0 — zero. The Trade Marks Rules 2017 do not prescribe any statutory fee for examination replies. The government fee of ₹4,500 or ₹9,000 per class is charged only at the initial application filing stage (Form TM-A) and is non-refundable. All subsequent stages — examination reply, hearing, publication, and registration — carry no government fee.

How long do I have to reply to a trademark examination report?

You have 30 days from the date of receipt of the examination report to file a written reply. If you do not file a reply within 30 days, the application is treated as abandoned by the Trade Marks Registry under Rule 39 of the Trade Marks Rules 2017. An abandoned application cannot be revived — you must file a fresh application and pay the government fee again. The 30-day deadline is a hard deadline with limited scope for extension.

Can I get a refund if my trademark application is refused?

No. Government fees paid to the Trade Marks Registry — the ₹4,500 or ₹9,000 per class filing fee — are non-refundable under any circumstance, including refusal of the application after examination proceedings. There is no mechanism under Trade Marks Rules 2017 for refund of filing fees. This is why Legismith conducts a thorough trademark availability search before filing — to avoid filing applications that are likely to be refused based on existing conflicting marks.

What percentage of trademark applications get an examination report?

Based on Trade Marks Registry data and industry practice, approximately 80–90% of trademark applications filed in India receive at least one examination report. Very few applications sail through examination without any objection — even well-crafted marks may receive objections on relative grounds (conflict with existing marks) that require a response. This is why an attorney who can handle examination replies is essential — and why Legismith includes this as standard in the flat fee rather than charging separately.

What happens if the examination report reply is not satisfactory?

If the examiner finds the written reply insufficient, they schedule a Show Cause Hearing before a Trademark Hearing Officer. The attorney must appear — physically at the registry or via video conference — and present oral arguments. The Hearing Officer then issues an order: acceptance, conditional acceptance (requiring amendments to the trademark description), or refusal. A refusal can be appealed in the Commercial Court under the Trade Marks Act 1999 Section 91. Legismith’s flat fee covers hearing representation at no additional charge.

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Your Application Is at Risk If the Examination Report Is Not Answered Properly

An unanswered or poorly answered examination report means your application is abandoned permanently — and the ₹4,500 to ₹9,000 government fee you paid is lost. If your application has received an examination report — or if you are worried about receiving one — WhatsApp Legismith for objection help now. We review examination reports and provide a clear strategy within 24 hours.

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