Replying explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The reply to a trademark examination report is governed by rule 33 of the Trade Marks Rules, 2017, and it is due within one month from the date of receipt of the report. This page was earlier titled "Form TM-C: Response to Examination Report", but in the Second Schedule Form TM-C is the request for a search certificate under rule 22, which is a different task. If you have an examination report in hand, our trademark objection reply team can prepare the response against the cited grounds.
The Registrar sends an objection, or a proposal to accept on conditions, in writing as an examination report (rule 33(2)). The applicant must respond within one month from the date of receipt, or the Registrar may treat the application as abandoned (rule 33(4)). A reply received in time must be duly considered (rule 33(5)). If it is not satisfactory, or you ask for it, a hearing is given as per rule 115 (rule 33(6)). No sub-rule of rule 33 names a form for the reply.
What rule 33 says about the form of the reply
Rule 33 describes what the Registrar sends and what the applicant does, but it does not prescribe a numbered form for the reply. It uses the words "respond to the communication" in sub-rule (4), "response to the examination report" in sub-rule (5) and "reply to the office objection" in sub-rule (7). Rule 11(1) says the Forms in the Second and Third Schedules are to be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases. The Second Schedule has no form for an examination-report reply. So the safest course is to follow how the Registry's e-filing system takes the response and to check the portal on the date you file. The one-month period in the Rules is what matters.
What Form TM-C actually is
Rule 22(1) says any person may request the Registrar, in Form TM-C, to cause a search and to issue a certificate under section 45(1) of the Copyright Act, 1957. The certificate says that no trademark identical with or deceptively similar to the artistic work has been registered, or applied for, as a trademark by anyone other than the applicant. It is not a general trademark availability search and not a reply to any objection.
| Point | Rule 22 and the First Schedule |
|---|---|
| Form | TM-C |
| Certificate issued | Ordinarily within thirty working days of the request (rule 22(1)) |
| Expedited certificate | Ordinarily within seven working days (rule 22(3)) |
| If the Registrar calls for a statement of requirements | Not complied with within two months: the request is treated as abandoned (rule 22(1) proviso) |
| Before abandonment | The Registrar gives an opportunity of being heard (rule 22(4)) |
| Fee, as notified in 2017 | Entry 11: Rs. 10,000 physical, Rs. 9,000 e-filing; entry 12 (expedited): not allowed physically, Rs. 30,000 e-filing |
Check the current Schedule for these amounts. See rules 21 and 22: preliminary advice and request for search. For checking mark availability before filing, use the guide on searching the IP India database.
How rule 33 works step by step
| Sub-rule | What happens |
|---|---|
| 33(1) | The Registrar examines the application and searches earlier trademarks, registered or applied for, for identical or deceptively similar marks for the same or similar goods or services |
| 33(2) | An objection, or a proposal to accept subject to conditions, amendments, modifications or limitations under section 18(4), is communicated in writing as an examination report |
| 33(3) | If the Registrar accepts absolutely, he communicates acceptance and the application is advertised under section 20(1) |
| 33(4) | No response within one month from receipt: the Registrar may treat the application as abandoned |
| 33(5) | A response received in time is duly considered; if accepted, the application is advertised |
| 33(6) | If the response is not satisfactory or a hearing is requested, a hearing is provided as per rule 115 |
| 33(7) | If the applicant does not appear and no reply to the office objection has been submitted, the Registrar may treat the application as abandoned |
| 33(8) | Where a reply was submitted in time or the applicant appeared, the Registrar passes an appropriate order |
The objections usually rest on section 9 (absolute grounds) or section 11 (relative grounds). The detailed reading of the rule is in rule 33: examination, objection to acceptance and hearing.
Content of a good reply
A reply should answer every objection in the report, in order. For a section 9 objection, argue distinctiveness and attach evidence of use. For a section 11 objection, compare the marks and the goods or services and explain why confusion is unlikely. If the report proposes conditions, say whether you accept them. Evidence of use should match the statement of user (rule 25). Our guides on responding to a trademark examination report and on the objection reply process explain the drafting.
Hearing and extension of time
Rule 115 allows a hearing to be held by video-conferencing or other audio-visual means; see trademark hearing preparation. If you need more time than one month, rule 109 provides for an application for extension of time in Form TM-M, and says the Registrar may extend the time by not more than one month, subject to any maximum prescribed. That rule excludes times for which the Rules make their own provision, so confirm that it applies before you rely on it. See rules 109 to 111.
Common mistakes
- Filing Form TM-C in the belief that it is a reply. It is a search request for the Copyright Act certificate.
- Replying only to some of the objections.
- Leaving the reply to the last day without checking how the portal accepts documents.
Need help with an examination report?
The one-month period is short, and a weak reply usually means a hearing or refusal. Our trademark objection reply service can analyse the report, draft the response and represent you at the hearing if one is fixed.
Key takeaways
- The examination-report reply is governed by rule 33, with one month from receipt.
- Rule 33 does not name a form for the reply; TM-C is not that form.
- Form TM-C is the request for a search and certificate under rule 22.
- A reply in time must be duly considered, and a hearing follows if needed or requested.
Read next
- Rule 33: examination, objection to acceptance and hearing
- Rules 21 and 22: preliminary advice and request for search
- Trademark examination report: how to respond to objections
- Trademark hearing preparation: documents and arguments
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form on the IP India portal. This article is general information, not legal advice.