File a trademark request with a missing document — or on the wrong form — and the Trade Marks Office writes back with a “discrepancy notice,” or scrutiny report. Here’s what triggers one, and why ignoring it can cost you your request.
What it is
If the Trade Marks Office finds that documents/forms filed for a trademark application need clarification or substantiation, or the right documents weren’t filed, it issues a notice detailing the deficiency — commonly called a Discrepancy Notice or Scrutiny Report — to the applicant or agent. They’re most often seen where amendment requests are filed.
Common triggers
- Insufficient documents. File an assignment request but the Office needs more clarity, or the proper document wasn’t attached → a notice detailing the gap.
- Wrong form. File a request on an incompatible form — e.g. asking to change the registered proprietor’s name when the mark was actually transferred by assignment → the Registry instructs you to file the correct request.
On receiving the notice, you must reply within 30 days.
Two common questions
Is it a mandatory stage of prosecution? No. Every application or form is scrutinised for compliance with the Trade Marks Act, 1999 and Rules; a notice issues only if a deficiency is found. So discrepancy notices are probable, not inevitable.
Can you get one even after registration? Yes. Any request is scrutinised before or after registration. A change of name/address of the registered proprietor, or an assignment of a registered mark, filed post-registration and found deficient, can attract a notice at any stage.
Respond promptly
Responding is time-sensitive: failing to reply on time can result in the request being abandoned. If you receive a notice, respond immediately — or consult your lawyer or trademark agent.
The takeaways
- A discrepancy notice flags a missing document or wrong form — not a rejection, but a deficiency to fix.
- You have 30 days to reply — miss it and the request can be abandoned.
- It isn’t a mandatory stage — it issues only when a deficiency is found.
- It can arrive post-registration too — on name/address changes or assignments.
Frequently asked questions
What is a discrepancy notice or scrutiny report? A notice from the Trade Marks Office detailing a deficiency — a missing/insufficient document or a request filed on the wrong form — that you must correct.
How long do I have to respond? 30 days from receipt; failing to reply in time can lead to the request being abandoned.
Is a scrutiny report a mandatory step? No — it’s issued only if scrutiny reveals a compliance deficiency, so it’s probable but not inevitable.
Can I get one after my trademark is registered? Yes — post-registration requests like name/address changes or assignments are also scrutinised and can attract a notice.
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India