Responding to a Trademark Examination Report (FER): Rule 33 Deadline and s.9/11 Table

How-To · Trademark Examination Report

Updated for 2026 · Claw Editorial

When a trademark examination report lands in your inbox, a short clock has already started, and missing it can end the application. The key rule is simple: you get one month to reply under Rule 33(4) of the Trade Marks Rules, 2017, and only one extension of up to one month is possible under Rule 109. This guide shows how to read the report, split the objections into Section 9 and Section 11 problems, build a reply, and avoid the deadline trap. Last verified October 2026.

01Why the examination report deadline catches people

The examination report, often called the FER (first examination report), is the Registry telling you what it objects to before it will advertise your mark. Most applicants treat it as a routine letter. It is not, because it carries a time limit.

The clock may start before you read it

The Registry can serve documents by email under Rule 18 of the Trade Marks Rules, 2017. Email service is treated as complete service, so the period can start from the day the report is issued to the email address on record, not the day someone in your office opens it. An old agent email, a spam folder or a founder who changed jobs can quietly burn days.

Objections are not all the same

An objection that your mark is too descriptive is a different problem from an objection that it clashes with an earlier mark. One needs evidence of use and argument on distinctiveness. The other needs a comparison with the cited mark, and sometimes a consent letter or a change in the goods. Mixing them up produces weak replies.

A missed reply is costly

If no reply or hearing request comes in time, the Registry can treat the application as abandoned. You then lose the filing date, which is the date that decides who was first.

The examination report is not a formality. It starts a one-month clock under Rule 33(4), and email service can start that clock earlier than you expect.

02The one rule to remember: one month, one extension

You have one month to reply to an examination report, and the Registrar can extend that by at most one more month. This is the single fact that matters most on this page.

• Reply period: one month from the date of the examination report, under Rule 33(4) of the Trade Marks Rules, 2017.
• Extension: under Rule 109, you can apply on Form TM-M for more time. The Registrar may extend by a period not exceeding one month, if the circumstances justify it. It is not automatic.
• Service: under Rule 18, communications by the Registrar may be sent by email, and that counts as service.

The rules are published on IP India and on WIPO Lex. Individual rules can also be read on Indian Kanoon.

03Section 9 vs Section 11: how to split the objections

Most examination objections fall under Section 9 (absolute grounds) or Section 11 (relative grounds) of the Trade Marks Act, 1999. Sort each objection first, because the reply strategy is different.

Many reports raise both at once. Answer each ground under its own heading so the examiner can tick them off one by one.

04How to reply to an examination report, step by step

A good reply is short, ordered and backed by documents. Follow these steps.

Step 1: Note the issue date and the service date

Open the report on the IP India portal and write down the date it was issued and the email address it went to. Count one month from there and mark the diary a week earlier.

Step 2: List every objection

Put each objection in a row: the section cited, the reason given, and any cited mark with its application number. Tag each as Section 9 or Section 11.

Step 3: Collect evidence for Section 9 points

For distinctiveness, gather dated invoices, ads, website captures, sales figures and press. Evidence that shows use before the filing date matters most. Do not exaggerate. Weak or undated material can hurt more than none.

Step 4: Study the cited marks for Section 11 points

Look up each cited mark: its owner, goods, status and whether it is registered or only applied for. Check if it is still alive, since a lapsed or removed mark may no longer block you. If you need a consent letter, start that conversation now.

Step 5: Draft the written reply

Answer each objection under its own heading, in the order the report raised them. Keep it factual. Cite the law and decisions that support you, and attach the evidence as numbered exhibits. Where the objection is about the list of goods, offer a narrower specification.

Step 6: File and ask for a hearing if needed

File the reply online within the period. You can also request a hearing. Keep the filing receipt. After the reply, the Registry may accept the mark for advertisement, or call you for a hearing before an examiner.

Always check for the latest requirements on the filing portal, since form names and fees can change.

05Asking for more time under Rule 109

If you cannot reply within one month, apply for an extension before the period ends. The Registrar may allow up to one more month, and only if the reason is good.

• Apply on Form TM-M, giving a clear reason, such as waiting for a consent letter or collecting evidence from a distant office.
• File the request before the one-month period runs out, not after.
• Expect to pay the prescribed fee for the form.
• Plan as if the extension may be refused. Prepare the reply anyway.

An extension is a one-time cushion, not a second deadline you can keep pushing. Courts have also taken a strict view of statutory time limits in trademark matters, so do not assume the Registry will be flexible.

06If the extension is refused or the application fails

A refusal of an extension request is not appealable under Section 131(2) of the Trade Marks Act, 1999. That makes the deadline harder than it looks, because the usual appeal route is not there for this decision.

If the application is already treated as abandoned, talk to a trademark attorney at once about whether a fresh application is the safer route. Check what the Registry order actually says before choosing. A new filing gives you a new date, so any use or filing by someone else in the gap could now matter.

If the dispute moves from the Registry to court, for example a challenge to a refusal or a later infringement or rectification fight, a different workflow begins. For that, see our guide on litigation monitoring through an API.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A trademark objection often turns on how a Section 9 or Section 11 ground, or a cited earlier mark, has been read before, and a refusal can go on to a High Court. Claw lets you search and track cases, orders and hearings across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. You can pull decisions on distinctiveness or deceptive similarity to support your reply, with Supreme Court judgments from 1950 and High Court judgments from 1990 in one place.

Claw does not use customer documents to train AI models. Create a FREE Claw account to research trademark decisions and track live matters by party or advocate name. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

Primary sources checked for this guide. Last verified October 2026.

• Trade Marks Rules, 2017 (IP India): ipindia.gov.in
• Trade Marks Rules, 2017 (WIPO Lex): wipo.int
• Rule text (Indian Kanoon): indiankanoon.org
• Claw: clawlaw.in

This guide is general information and not legal advice. Always read the current rules and your own examination report.

09Frequently asked questions