Rule 33 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.
Rule 33 is the rule behind the trademark examination report. It says the Registrar examines the application and searches earlier marks, tells the applicant in writing of any objection or proposed conditions, and gives the applicant one month from receipt of the report to respond. A reply may lead to acceptance, a hearing under rule 115, abandonment or an order. If you have an examination report in hand, a trademark objection reply prepared against rule 33 is where the work starts.
The Registrar examines the application and searches earlier marks (rule 33(1)). Any objection or proposal to accept subject to conditions is sent as an examination report (rule 33(2)). If the applicant does not respond within one month from receipt of the report, the Registrar may treat the application as abandoned (rule 33(4)). If the reply is not satisfactory, or a hearing is requested, a hearing is given as per rule 115 (rule 33(6)). Non-appearance with no reply may also lead to abandonment (rule 33(7)).
Sub-rule (1): examination and search
"The Registrar shall cause the application to be examined as per provisions of the Act, wherein a search shall also be conducted amongst the earlier trademarks, registered or applied for registration, for the purpose of ascertaining whether there are on record in respect of the same goods or services or similar goods or services any trademark identical with or deceptively similar to the trademark applied for. The Registrar may cause the re-examination of the application including re-search of earlier trademarks at any time before the acceptance of the application but shall not be bound to do so."
The examination covers the grounds of refusal in section 9 (absolute grounds) and section 11 (relative grounds), and the search covers marks "registered or applied for registration" for the same or similar goods or services. Re-examination is allowed at any time before acceptance, but the Registrar "shall not be bound" to do it.
Sub-rule (2): the examination report
If, on considering the application and any evidence of use or distinctiveness, the Registrar "has any objection to the acceptance of the application or proposes to accept it subject to such conditions, amendments, modifications or limitations as he may think fit to impose under sub-section (4) of section 18, the Registrar shall communicate such objection or proposal in writing to the applicant in the form of an examination report."
So the report may do either of two things: raise an objection, or propose acceptance subject to conditions, amendments, modifications or limitations. The text uses "may or may be required" for the applicant's evidence, which is a drafting slip we flag but do not correct.
Sub-rule (3): absolute acceptance
If the Registrar accepts the application "absolutely", he communicates acceptance to the applicant and causes the application to be advertised as accepted under section 20(1). Advertisement is dealt with in rules 39 to 41.
Sub-rules (4) and (5): the one-month response
(4) "If, within one month from the date of receipt of the examination report, the applicant fails to respond to the communication, the Registrar may treat the application as abandoned."
(5) "In case the response to the examination report is received within the aforesaid time, the same shall be duly considered and if the Registrar accepts the application for registration, he shall communicate such acceptance to the applicant and cause the application to be advertised as accepted under sub-section (1) of section 20."
| Point | Text |
|---|---|
| Time to respond | One month from the date of receipt of the examination report |
| If no response | The Registrar "may treat the application as abandoned" |
| If a response comes in time | It "shall be duly considered" |
| If accepted | Acceptance is communicated and the application is advertised under section 20(1) |
The month runs from receipt, unlike rule 31, where it runs from the date of the notice. Rule 18(2) deems an email served at the time of sending, so in practice receipt of an emailed report is treated as the day it was sent. The rule uses "may" for abandonment, so abandonment is discretionary here. Rule 109 deals with extension of time.
Sub-rules (6) to (8): hearing and order
| Sub-rule | Text, in summary |
|---|---|
| (6) | If the response is not satisfactory, or the applicant has requested a hearing, the Registrar "shall provide an opportunity of hearing" conducted as per rule 115 |
| (7) | If the applicant fails to appear on the scheduled date and no reply to the office objection has been submitted, the Registrar may treat the application as abandoned |
| (8) | If the applicant has submitted a reply within the period or has appeared and made submissions, the Registrar shall pass an appropriate order |
Note the double condition in (7): abandonment follows non-appearance and the absence of any reply. An applicant who replied within the month but misses the hearing is not caught by (7) on its words, and sub-rule (8) requires an order if a reply was submitted. The rule does not say what a hearing date notice must contain; rule 115 covers hearings generally.
Example: Rohan Footwear's application for "Rohan Strides" receives an examination report citing an earlier similar mark. Rohan replies within one month of receipt, arguing difference of goods and marks, and asks for a hearing. If the response is not satisfactory, or because he asked, the Registrar gives a hearing under rule 115. If Rohan attends and argues, the Registrar must pass an appropriate order. If Rohan had neither replied nor appeared, the Registrar could treat the application as abandoned under (7). Had he not responded at all within the month, (4) would apply.
Step table: from report to order
- Examination and search (sub-rule (1)).
- Examination report with objection or proposed conditions (sub-rule (2)).
- Response within one month of receipt (sub-rule (4)).
- Acceptance and advertisement (sub-rule (5)), or hearing (sub-rule (6)).
- Order after reply or hearing (sub-rule (8)).
Related rules: withdrawal and the Registrar's decision are in rules 35 and 36, and amendment of the application is in rule 37. The Registrar's duty to act in writing is also echoed in rule 36 on the decision.
For a how-to view, see our guide on responding to a trademark examination report. The Rules govern the timeline above.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked, especially on time limits and hearing procedure.
Need help with an examination report?
The one-month period moves quickly. Our trademark objection reply service can analyse the report, prepare the written response and represent you at a hearing if one is fixed.
Key takeaways
- The Registrar examines the application and searches earlier marks before issuing an examination report.
- The report may raise an objection or propose conditional acceptance.
- The reply is due within one month from receipt of the report; otherwise the Registrar may treat the application as abandoned.
- A hearing follows if the reply is unsatisfactory or the applicant asks, as per rule 115.
- Non-appearance with no reply may lead to abandonment; a reply or appearance leads to an order.
Read next
- Rules 31–32: deficiencies and acknowledgement of the application
- Rule 34: expedited processing of an application
- Rules 35–36: withdrawal of application and decision of the Registrar
- 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. This article is general information, not legal advice; check the official text before acting.