What Happens After Filing of Reply to Examination Report. When you apply for a trademark in India, the Trademark Registry examines your application. If the examiner finds issues, they issue an Examination Report. At this stage, you need to file a reply to the examination report to clarify or defend your application.
But many applicants wonder: what happens after filing of reply to examination report? Let’s go step by step.
Stage 1: Review of Reply by Examiner
After you file your reply, the Trademark Examiner reviews the response. They check whether your reply addresses:
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✅ The objections raised in the examination report.
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✅ Relevant sections of the Trademark Act.
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✅ Proof of distinctiveness (if required).
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✅ Supporting evidence such as invoices, advertisements, or user affidavits.
👉 If the examiner finds your reply satisfactory, your trademark moves to the next stage of acceptance.
Stage 2: Acceptance or Hearing
Once the reply is reviewed, two things can happen:
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Acceptance of Trademark
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If the examiner is convinced, your application is accepted and published in the Trademark Journal for public review.
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Hearing Notice
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If the examiner is still not satisfied, you may receive a hearing notice.
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At this stage, you or your trademark attorney must appear before the trademark officer and present arguments.
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Stage 3: Publication in Trademark Journal
If the reply (or hearing) is successful, the application moves to the Trademark Journal. Publication is crucial because:
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It gives the public a chance to oppose the trademark within 4 months.
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If no opposition is filed, your trademark proceeds to registration.
Stage 4: Opposition Proceedings (if any)
After publication, if someone objects to your trademark:
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You must file a counterstatement to defend your case.
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This may involve hearings and submission of additional evidence.
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If you succeed, your trademark moves forward.
Stage 5: Trademark Registration
Finally, if there is no opposition or if opposition is decided in your favor, the trademark is registered. You receive a Trademark Registration Certificate, granting you exclusive rights to use the mark for your goods or services.
Quick Summary Table
Stage | What Happens |
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Filing of Reply | Examiner reviews reply. |
Acceptance or Hearing | Either accepted or hearing scheduled. |
Publication in Journal | Public can oppose within 4 months. |
Opposition Proceedings (if any) | Applicant defends application. |
Registration | Trademark registered if no valid opposition. |
Conclusion
To sum up, what happens after filing of reply to examination report depends on how well you respond. If your reply resolves objections, your trademark gets accepted and published. If not, you may face a hearing. In both cases, professional guidance ensures higher chances of success.
👉 Need expert help in replying to a trademark examination report? Contact us for professional trademark services.