How to Handle Class 21 Trademark Examination Report in India
If you’ve filed a trademark application for your kitchenware, cookware, glassware, or household products under Class 21, you might receive an Examination Report from the trademark registry.
Don’t panic — receiving an examination report doesn’t necessarily mean your application will be rejected. It simply means the trademark examiner has found issues or needs clarifications before approving your mark.
This guide will walk you through:
- ✅ What is an Examination Report?
- ✅ Common reasons for objections in Class 21
- ✅ Step-by-step process to respond
- ✅ Tips for a strong reply
- ✅ Common mistakes to avoid
- ✅ Sample response structure
📌 Understanding Trademark Class 21
Class 21 in the Nice Classification covers:
- Kitchen utensils & containers (non-electric)
- Cookware (pots, pans, dishes)
- Glassware, porcelain & earthenware
- Brushes, combs, cleaning tools
- Storage jars, bottles, tableware
If your product brand name is related to household goods or kitchen items, you likely filed under Class 21.
📌 What is a Trademark Examination Report?
After you file your trademark application, it goes through an examination stage.
A trademark examiner reviews:
- Whether your mark meets legal requirements
- If it conflicts with existing marks in Class 21 or related classes
- If it is distinctive enough
The examiner’s findings are documented in an Examination Report, which may include:
- Objections (reasons why it might not be accepted)
- Requirements for clarification
- References to similar marks
📌 Common Reasons for Objections in Class 21
When dealing with household products, these are the most frequent issues:
1. Lack of Distinctiveness
If your mark is too descriptive or generic (e.g., “Kitchen Plate” or “Best Mug”), it might be objected under Section 9(1)(b) of the Trade Marks Act.
2. Similar to Existing Marks
If your mark looks or sounds like a registered mark in Class 21 or a related class (e.g., “PureSip” vs. “PureSips”), it could be objected under Section 11(1).
3. Incorrect Classification
Sometimes the examiner may feel your product description fits another class (e.g., Class 11 for electric appliances).
4. Lack of Supporting Evidence
If your mark has been in use for years but is descriptive, you need to submit proof of acquired distinctiveness.
📌 Timeframe to Respond
In India, you have 30 days from the date you receive the examination report to file a reply.
Failing to respond will result in your application being abandoned.
📌 Step-by-Step Guide to Responding to a Trademark Examination Report for Class 21
Step 1: Download & Review the Report
- Visit: IP India Trademark Status Search
- Enter your application number and download the PDF.
- Read carefully to understand exactly why your application was objected.
Step 2: Identify the Grounds of Objection
Objections will be based on:
- Section 9 – lack of distinctiveness/descriptive nature
- Section 11 – similarity with existing marks
Example:
“Your mark is similar to ‘EcoSip’ in Class 21 and may cause confusion.”
Step 3: Gather Evidence & Arguments
Depending on the objection type:
- For Section 9 – Show proof of acquired distinctiveness (sales invoices, ads, media coverage, website traffic).
- For Section 11 – Highlight differences in spelling, meaning, design, target market.
Step 4: Draft Your Reply
Your reply should:
- Address each objection clearly.
- Include legal arguments citing relevant trademark rules.
- Attach supporting documents.
- Request the examiner to accept your application.
Step 5: File the Reply Online
- Go to: IP India e-filing portal
- Log in with your trademark agent account (or ask your attorney to do it).
- Upload your reply in PDF format along with annexures.
Step 6: Wait for Hearing (If Required)
- If the examiner is satisfied, your mark moves to advertisement stage.
- If not, you’ll get a show cause hearing notice where you can defend your case in person or via an attorney.
📌 Tips for Drafting a Strong Reply for Class 21
- Be Professional & Respectful – Avoid emotional language; stick to facts.
- Highlight Unique Elements – Explain how your logo, color scheme, or font makes your brand distinctive.
- Use Market Evidence – Show how customers associate your mark only with your products.
- Point Out Disclaimers – If part of your mark is generic (e.g., “Kitchen”), offer to disclaim it and keep the distinctive part.
- Cite Precedents – Reference cases where similar objections were waived.
📌 Common Mistakes to Avoid
- ❌ Copy-pasting generic replies – Weakens your case.
- ❌ Ignoring phonetic similarity – Examiners check sound-alike marks too.
- ❌ Missing deadlines – Leads to abandonment.
- ❌ Not checking related classes – Class 11 (appliances) or Class 3 (cleaning products) may still conflict.
📌 Related Classes to Watch
| Class | Description |
| 11 | Electric kitchen appliances |
| 3 | Cleaning products |
| 35 | Retail services for kitchen goods |
If a similar mark exists in these classes, it can still impact your Class 21 application.
📌 Sample Reply Structure
Subject: Reply to Examination Report for Trademark Application No. XXXXX – Class 21
To
The Registrar of Trade Marks
Trademark Registry, India
Respected Sir/Madam,
This is in reference to the Examination Report dated DD/MM/YYYY for our trademark application (Application No. XXXXX) for the mark “BRANDNAME” under Class 21.
Grounds of Objection:
The report objects under Section 11(1) stating similarity with the mark “XYZ” in Class 21.
Our Submissions:
- The compared marks differ in visual appearance, phonetics, and conceptual meaning.
- Our mark has been in continuous use since YYYY for kitchenware and storage products.
- We attach sales invoices, promotional materials, and customer testimonials as proof of acquired distinctiveness.
- The cited mark is for hairbrushes, whereas our mark applies to glass bottles – the nature of goods and trade channels differ.
Conclusion:
We respectfully request the withdrawal of the objection and acceptance of our application.
Yours faithfully,
[Applicant/Attorney Name]
[Address]
[Signature]
📌 What Happens After Filing the Reply?
- Accepted: The mark is advertised in the Trademark Journal for opposition.
- Further Clarification Needed: You may be called for a hearing.
- Rejected: You can appeal before the Intellectual Property Appellate Board (IPAB).
📊 Example Scenario
Brand: “EcoNest” – Glass food storage containers
Objection: Similar to “EcoNet” in Class 21
Action Taken:
- Argued that “EcoNest” means eco-friendly nest for food, while “EcoNet” is a brand for cleaning nets.
- Provided sales data, online reviews, and packaging samples.
Result: Objection removed, trademark advertised successfully.
📈 Benefits of Responding Effectively
| Benefit | Impact |
| Higher approval chances | Faster registration |
| Saves money | Avoids re-filing fees |
| Brand protection | Exclusive rights in Class 21 |
| Market credibility | Helps with e-commerce brand registry |
🏁 Final Thoughts
Getting an Examination Report for your Class 21 trademark is not the end of the road — it’s simply an opportunity to clarify, prove, and protect your brand.
If you respond strategically:
- You increase your approval chances
- You avoid costly re-filings
- You establish your brand’s legal foundation
📞 Need Expert Help with Class 21 Trademark Objections?
At VMK Professionals, we:
- Analyze examination reports in detail
- Draft strong legal replies with supporting evidence
- Represent you in hearings if required