Licenses & registrations
We draft and file your reply to a trademark examination report, addressing the specific Section 9 or Section 11 objection raised, within the 30-day Rule 29 deadline, so an objection doesn't turn into an abandoned application that forces you to restart.
An examination report isn't a rejection. But missing the 30-day Rule 29 deadline to reply is what turns it into one. We draft and file your reply before that happens.
If the Trade Marks Registry finds a problem with your application, whether it's about the mark itself (Section 9) or a conflict with an existing mark (Section 11), it issues an examination report.
You have 30 days from the date of that report to reply, under Rule 29 of the Trade Marks Rules 2017. Miss it without requesting an extension first, and the application is treated as abandoned.
Scope
Addresses whichever ground the examiner cited: Section 9 (something about the mark itself, like a lack of distinctiveness) or Section 11 (a conflict with an existing registered or applied mark), or both.
Filed against your original application before the 30-day window lapses. If more time is genuinely needed and the window hasn't closed yet, we file a Form TM-M extension request instead.
Distinctiveness evidence, honest concurrent-use evidence, or a differentiation argument against a cited mark, depending on which ground applies.
Specifics
An examiner checks every application against Section 9 (absolute grounds) and Section 11 (relative grounds), and either one on its own is enough to raise an objection. Getting an examination report doesn't mean your application has failed. It means the examiner needs an answer before it can move forward. Most applications run into at least one question along the way, so it's worth treating as a normal step in the process.
| Ground | What it's about | Example |
|---|---|---|
| Section 9 (absolute grounds) | Something about the mark itself | Lacks distinctive character, purely describes what you sell, or is customary in the trade |
| Section 11 (relative grounds) | Conflict with an existing right | Confusingly similar to an already registered or applied mark |
The reply is due 30 days from the date of the examination report, under Rule 29 of the Trade Marks Rules 2017. If you genuinely need more time, a Form TM-M extension request has to be filed while that 30-day window is still open.
Miss the 30-day window with no extension on file, and the application is treated as abandoned. There's no simple resubmission. You'd need to file a fresh application and pay the full government fee again.
Process
Step 1 of 4
Read the report
We review exactly what the examiner objected to and why.
Common mistakes founders make
Clarifications
30 days from the date of the report, under Rule 29 of the Trade Marks Rules 2017. An extension is possible through Form TM-M, but only if you ask before that 30-day window closes.
Section 9 is about the mark itself, things like a lack of distinctive character or being too generic for what you're selling. Section 11 is about a conflict with someone else's existing mark. Examiners check both, and either one alone is enough to raise an objection.
The application is treated as abandoned. There's no simple resubmission. You'd need to file a fresh application and pay the full fee again.
Common enough that we treat replying to one as its own dedicated engagement rather than an afterthought. We won't quote a specific percentage here. The figures circulating online for this vary widely, and none of them trace back to a source we could verify.
No separate government fee applies to the reply itself. If a Form TM-M extension turns out to be necessary, we'll confirm that fee with you directly rather than publish a figure we haven't verified.
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