Trademark Status ‘Under Examination’ in India

Trademark Status ‘Under Examination’ in India. A trademark is more than just a name or logo used by a business. It helps consumers identify the source of goods or services and allows a business to build an identity around its brand. For this reason, trademark registration is an important step for businesses, start-ups and even individuals who want to protect their brand from unauthorised use. However, filing a trademark application does not mean that the mark is immediately registered. The application has to pass through various stages before registration is granted.
One of the statuses that applicants commonly come across while tracking their application is “Under Examination”. For someone applying for a trademark for the first time, this status can be confusing. It may create the impression that there is a problem with the application or that the Registry has already raised an objection. This is not necessarily the case. “Under Examination” generally means that the Trade Marks Registry is examining the application to determine whether the mark fulfils the legal requirements for registration under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.
What Does “Under Examination” Actually Mean?
Once a trademark application has been filed and has passed the initial stages of processing, it may be taken up for examination by the Trade Marks Registry. At this point, the Registrar looks at the application more closely to determine whether the proposed trademark can be accepted for registration.
Rule 33 of the Trade Marks Rules, 2017 deals with the examination of trademark applications. As part of this process, the Registrar examines the application and conducts a search of earlier trademarks, including registered marks and pending applications. The purpose of this search is to identify whether an identical or deceptively similar trademark already exists in relation to the same or similar goods or services.
Therefore, “Under Examination” simply tells the applicant that the Registry is currently assessing the application. It does not mean that the application has been rejected. At this point, the applicant may not be required to do anything unless an examination report or another communication is issued by the Registry. However, regularly checking the status is important because an applicant may have to respond if an objection is subsequently raised.
What Does the Registrar Look For?
The examination is not limited to checking whether the application form has been correctly filled. The Registrar also considers whether the proposed mark is legally capable of being registered. One of the important questions is whether the mark is distinctive enough to distinguish the applicant's goods or services from those of other traders.
Section 9 of the Trade Marks Act, 1999 deals with absolute grounds for refusal. Among other things, it covers marks that lack distinctive character, marks that merely describe the goods or services, and marks that have become customary in the relevant trade or language. For instance, registering the word “SWEET” for sweets may be difficult because the word directly describes the nature of the product. On the other hand, an invented word used for a product with which the word has no direct connection is generally more capable of functioning as a trademark.
The Registrar also considers Section 11, which deals with relative grounds for refusal. This provision becomes relevant when an earlier trademark is identical or similar to the mark being applied for and the similarity between the marks and goods or services is likely to create confusion or association in the minds of consumers.
The Supreme Court's decision in Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Ltd., (2018) 9 SCC 183, is useful in understanding this aspect of trademark examination. The dispute involved the marks “NANDINI” and “NANDHINI DELUXE”. Although the names had phonetic similarities, the Supreme Court considered the marks in their entirety along with the nature of the goods and services involved. The case shows that the Registry cannot simply compare two words and assume that any similarity will automatically result in refusal. The surrounding circumstances and the likelihood of consumer confusion are also relevant.
What Is an Examination Report?
After examining the application, the Registrar may either find no objection to its acceptance or identify issues that need to be addressed. Where objections are raised, the applicant receives an examination report explaining the reasons why the application has not been accepted at that stage.
The objection may arise under Section 9, Section 11 or another applicable provision. For example, the Registry may consider the mark descriptive and therefore raise an objection under Section 9. Alternatively, it may identify an earlier trademark and raise an objection under Section 11.
This is where applicants should understand the difference between the status “Under Examination” and “Objected”. The first indicates that the application is still being examined. The second indicates that an objection has been raised. The actual reason should always be understood by reading the examination report rather than relying only on the status appearing on the portal.
What Should an Applicant Do After Receiving an Examination Report?
An examination report should not immediately be viewed as a final rejection. The applicant is given an opportunity to explain why the trademark should be accepted. However, this opportunity comes with a time limit. Under Rule 33(4) of the Trade Marks Rules, 2017, the applicant is required to respond to the examination report within one month from the date of receipt. If the applicant fails to respond within the prescribed period, the Registrar may treat the application as abandoned.
The contents of the response will depend upon the objection raised. If the Registry has cited an earlier trademark, the applicant may explain why the two marks are different, particularly in terms of their overall appearance, pronunciation, meaning, goods or services and the likelihood of confusion. If the objection concerns distinctiveness, the applicant may put forward legal arguments or, where appropriate, evidence showing that the mark has acquired distinctiveness through use. This makes the examination report an important stage in the registration process. A response should not simply deny the objection; it should address the specific legal and factual reasons given by the Registry.
What If the Registrar Is Not Satisfied With the Response?
A response to the examination report does not necessarily end the matter. If the Registrar is not satisfied with the explanation provided, the applicant may be given an opportunity to appear for a hearing. Rule 33(6) provides for such a hearing where the response is not satisfactory or where the applicant has requested one.
During the hearing, the applicant or its authorised representative can explain its position and respond to the objections raised by the Registry. Depending on the case, arguments may focus on differences between the competing marks, the nature of the goods or services, prior use of the mark or evidence of acquired distinctiveness.
The Registrar will consider the written response and the submissions made at the hearing before taking a decision. Therefore, an objection at the examination stage does not automatically mean that the trademark application will fail.
What Happens After the Examination Stage?
If the Registrar is satisfied that the application meets the necessary requirements, it may be accepted. Under Rule 33(3), an application accepted absolutely is advertised under Section 20(1) of the Trade Marks Act, 1999.
Advertisement is important because trademark registration also involves protecting the interests of existing trademark proprietors. Once the application is published, third parties get an opportunity to oppose the proposed registration. Section 21 of the Trade Marks Act provides for opposition proceedings.
This means that even if an application successfully clears examination, registration is not necessarily guaranteed immediately. An interested third party may still oppose the application. If no opposition is filed within the prescribed period, or if the opposition is decided in favour of the applicant, the application can move towards registration.
How Long Does “Under Examination” Last?
There is no single period that applies to every application. The time taken may depend on the workload of the Trade Marks Registry, the nature of the application, the issues involved and whether an examination report or hearing becomes necessary.
Therefore, applicants should not assume that a trademark has been rejected merely because it remains “Under Examination” for some time. The important thing is to keep checking the application status and any communication issued by the Registry.
The Trade Marks Rules also provide a mechanism for expedited processing in specified circumstances. Under Rule 34, an applicant may request expedited processing after obtaining the official application number, subject to the prescribed requirements and fee.
Conclusion
The status “Under Examination” is a normal part of the trademark registration process in India. It indicates that the Trade Marks Registry is examining the application to determine whether the proposed mark fulfils the requirements of the Trade Marks Act, 1999 and whether any conflict exists with earlier trademarks. It is therefore not, by itself, an indication that the application has been rejected.
For applicants, the most important thing at this stage is to remain attentive. If an examination report is issued, the objections should be carefully understood and answered within the prescribed time. Where necessary, the applicant should also be prepared to present its case at a hearing.
In simple terms, “Under Examination” means that the Registry is still considering the application. It is a stage of scrutiny, not a final decision. Understanding what happens during this stage can help applicants respond to objections effectively and avoid losing an otherwise viable trademark application because of a missed deadline or lack of awareness.
Frequently Asked Questions
Q1. Does “Under Examination” mean that my trademark has been rejected? 
Ans. No. The status only means that the application is currently being examined by the Trade Marks Registry. Rejection or an objection is communicated through the appropriate proceedings and should not be assumed merely from this status.
Q2. Do I have to respond when my application shows “Under Examination”? 
Ans. Not merely because the status is “Under Examination”. However, the applicant should continue monitoring the application because an examination report may be issued later and may require a response within the prescribed period.
Q3. What is the difference between “Under Examination” and “Objected”? 
Ans. “Under Examination” indicates that the Registry is assessing the application. “Objected” generally means that the Registry has raised an objection against the application. In the latter situation, the applicant should examine the examination report and respond appropriately.
Q4. Can my trademark still be registered if an objection is raised? 
Ans. Yes. An objection is not the same as a final rejection. The applicant gets an opportunity to respond to the objection and, where applicable, make submissions at a hearing. The final decision depends on the facts and legal grounds involved.
Q5. What happens if I do not respond to the examination report? 
Ans. Under Rule 33(4), failure to respond within one month from receipt of the examination report may result in the application being treated as abandoned. Therefore, an applicant should not ignore an examination report.
Q6. Can I use my trademark while it is under examination? 
Ans. An applicant may use the mark, but the status “Under Examination” does not mean that the trademark has been registered. The applicant should therefore distinguish between the rights and protections available to an applicant and those specifically available to a registered proprietor.
Q7. Why Does the Examination Stage Matter?
Ans. The examination stage plays an important role in maintaining a reliable trademark register. Without proper examination, marks that are descriptive, non-distinctive or confusingly similar to existing marks could be registered, potentially creating problems for both businesses and consumers.
At the same time, examination should not be approached as a process where every similarity automatically leads to refusal. The decision in Nandhini Deluxe demonstrates the importance of considering the marks as a whole and examining the nature of the relevant goods and services. The possibility of confusion, rather than similarity in isolation, remains an important consideration.

A trademark is more than just a name or logo used by a business. It helps consumers identify the source of goods or services and allows a business to build an identity around its brand. For this reason, trademark registration is an important step for businesses, start-ups and even individuals who want to protect their brand from unauthorised use. However, filing a trademark application does not mean that the mark is immediately registered. The application has to pass through various stages before registration is granted.

One of the statuses that applicants commonly come across while tracking their application is “Under Examination”. For someone applying for a trademark for the first time, this status can be confusing. It may create the impression that there is a problem with the application or that the Registry has already raised an objection. This is not necessarily the case. “Under Examination” generally means that the Trade Marks Registry is examining the application to determine whether the mark fulfils the legal requirements for registration under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.

What Does “Under Examination” Actually Mean?

Once a trademark application has been filed and has passed the initial stages of processing, it may be taken up for examination by the Trade Marks Registry. At this point, the Registrar looks at the application more closely to determine whether the proposed trademark can be accepted for registration.

Rule 33 of the Trade Marks Rules, 2017 deals with the examination of trademark applications. As part of this process, the Registrar examines the application and conducts a search of earlier trademarks, including registered marks and pending applications. The purpose of this search is to identify whether an identical or deceptively similar trademark already exists in relation to the same or similar goods or services.

Therefore, “Under Examination” simply tells the applicant that the Registry is currently assessing the application. It does not mean that the application has been rejected. At this point, the applicant may not be required to do anything unless an examination report or another communication is issued by the Registry. However, regularly checking the status is important because an applicant may have to respond if an objection is subsequently raised.

What Does the Registrar Look For?

The examination is not limited to checking whether the application form has been correctly filled. The Registrar also considers whether the proposed mark is legally capable of being registered. One of the important questions is whether the mark is distinctive enough to distinguish the applicant's goods or services from those of other traders.

Section 9 of the Trade Marks Act, 1999 deals with absolute grounds for refusal. Among other things, it covers marks that lack distinctive character, marks that merely describe the goods or services, and marks that have become customary in the relevant trade or language. For instance, registering the word “SWEET” for sweets may be difficult because the word directly describes the nature of the product. On the other hand, an invented word used for a product with which the word has no direct connection is generally more capable of functioning as a trademark.

The Registrar also considers Section 11, which deals with relative grounds for refusal. This provision becomes relevant when an earlier trademark is identical or similar to the mark being applied for and the similarity between the marks and goods or services is likely to create confusion or association in the minds of consumers.

The Supreme Court's decision in Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Ltd., (2018) 9 SCC 183, is useful in understanding this aspect of trademark examination. The dispute involved the marks “NANDINI” and “NANDHINI DELUXE”. Although the names had phonetic similarities, the Supreme Court considered the marks in their entirety along with the nature of the goods and services involved. The case shows that the Registry cannot simply compare two words and assume that any similarity will automatically result in refusal. The surrounding circumstances and the likelihood of consumer confusion are also relevant.

What Is an Examination Report?

After examining the application, the Registrar may either find no objection to its acceptance or identify issues that need to be addressed. Where objections are raised, the applicant receives an examination report explaining the reasons why the application has not been accepted at that stage.

The objection may arise under Section 9, Section 11 or another applicable provision. For example, the Registry may consider the mark descriptive and therefore raise an objection under Section 9. Alternatively, it may identify an earlier trademark and raise an objection under Section 11.

This is where applicants should understand the difference between the status “Under Examination” and “Objected”. The first indicates that the application is still being examined. The second indicates that an objection has been raised. The actual reason should always be understood by reading the examination report rather than relying only on the status appearing on the portal.

What Should an Applicant Do After Receiving an Examination Report?

An examination report should not immediately be viewed as a final rejection. The applicant is given an opportunity to explain why the trademark should be accepted. However, this opportunity comes with a time limit. Under Rule 33(4) of the Trade Marks Rules, 2017, the applicant is required to respond to the examination report within one month from the date of receipt. If the applicant fails to respond within the prescribed period, the Registrar may treat the application as abandoned.

The contents of the response will depend upon the objection raised. If the Registry has cited an earlier trademark, the applicant may explain why the two marks are different, particularly in terms of their overall appearance, pronunciation, meaning, goods or services and the likelihood of confusion. If the objection concerns distinctiveness, the applicant may put forward legal arguments or, where appropriate, evidence showing that the mark has acquired distinctiveness through use. This makes the examination report an important stage in the registration process. A response should not simply deny the objection; it should address the specific legal and factual reasons given by the Registry.

What If the Registrar Is Not Satisfied With the Response?

A response to the examination report does not necessarily end the matter. If the Registrar is not satisfied with the explanation provided, the applicant may be given an opportunity to appear for a hearing. Rule 33(6) provides for such a hearing where the response is not satisfactory or where the applicant has requested one.

During the hearing, the applicant or its authorised representative can explain its position and respond to the objections raised by the Registry. Depending on the case, arguments may focus on differences between the competing marks, the nature of the goods or services, prior use of the mark or evidence of acquired distinctiveness.

The Registrar will consider the written response and the submissions made at the hearing before taking a decision. Therefore, an objection at the examination stage does not automatically mean that the trademark application will fail.

What Happens After the Examination Stage?

If the Registrar is satisfied that the application meets the necessary requirements, it may be accepted. Under Rule 33(3), an application accepted absolutely is advertised under Section 20(1) of the Trade Marks Act, 1999.

Advertisement is important because trademark registration also involves protecting the interests of existing trademark proprietors. Once the application is published, third parties get an opportunity to oppose the proposed registration. Section 21 of the Trade Marks Act provides for opposition proceedings.

This means that even if an application successfully clears examination, registration is not necessarily guaranteed immediately. An interested third party may still oppose the application. If no opposition is filed within the prescribed period, or if the opposition is decided in favour of the applicant, the application can move towards registration.

How Long Does “Under Examination” Last?

There is no single period that applies to every application. The time taken may depend on the workload of the Trade Marks Registry, the nature of the application, the issues involved and whether an examination report or hearing becomes necessary.

Therefore, applicants should not assume that a trademark has been rejected merely because it remains “Under Examination” for some time. The important thing is to keep checking the application status and any communication issued by the Registry.

The Trade Marks Rules also provide a mechanism for expedited processing in specified circumstances. Under Rule 34, an applicant may request expedited processing after obtaining the official application number, subject to the prescribed requirements and fee.

Conclusion

The status “Under Examination” is a normal part of the trademark registration process in India. It indicates that the Trade Marks Registry is examining the application to determine whether the proposed mark fulfils the requirements of the Trade Marks Act, 1999 and whether any conflict exists with earlier trademarks. It is therefore not, by itself, an indication that the application has been rejected.

For applicants, the most important thing at this stage is to remain attentive. If an examination report is issued, the objections should be carefully understood and answered within the prescribed time. Where necessary, the applicant should also be prepared to present its case at a hearing.

In simple terms, “Under Examination” means that the Registry is still considering the application. It is a stage of scrutiny, not a final decision. Understanding what happens during this stage can help applicants respond to objections effectively and avoid losing an otherwise viable trademark application because of a missed deadline or lack of awareness.

Frequently Asked Questions

Q1. Does “Under Examination” mean that my trademark has been rejected?

Ans. No. The status only means that the application is currently being examined by the Trade Marks Registry. Rejection or an objection is communicated through the appropriate proceedings and should not be assumed merely from this status.

Q2. Do I have to respond when my application shows “Under Examination”?

Ans. Not merely because the status is “Under Examination”. However, the applicant should continue monitoring the application because an examination report may be issued later and may require a response within the prescribed period.

Q3. What is the difference between “Under Examination” and “Objected”?

Ans. “Under Examination” indicates that the Registry is assessing the application. “Objected” generally means that the Registry has raised an objection against the application. In the latter situation, the applicant should examine the examination report and respond appropriately.

Q4. Can my trademark still be registered if an objection is raised?

Ans. Yes. An objection is not the same as a final rejection. The applicant gets an opportunity to respond to the objection and, where applicable, make submissions at a hearing. The final decision depends on the facts and legal grounds involved.

Q5. What happens if I do not respond to the examination report?

Ans. Under Rule 33(4), failure to respond within one month from receipt of the examination report may result in the application being treated as abandoned. Therefore, an applicant should not ignore an examination report.

Q6. Can I use my trademark while it is under examination?

Ans. An applicant may use the mark, but the status “Under Examination” does not mean that the trademark has been registered. The applicant should therefore distinguish between the rights and protections available to an applicant and those specifically available to a registered proprietor.

Q7. Why Does the Examination Stage Matter?

Ans. The examination stage plays an important role in maintaining a reliable trademark register. Without proper examination, marks that are descriptive, non-distinctive or confusingly similar to existing marks could be registered, potentially creating problems for both businesses and consumers.

At the same time, examination should not be approached as a process where every similarity automatically leads to refusal. The decision in Nandhini Deluxe demonstrates the importance of considering the marks as a whole and examining the nature of the relevant goods and services. The possibility of confusion, rather than similarity in isolation, remains an important consideration.