Copyright Objection and Discrepancy Reply
A discrepancy letter is not a refusal. It is the Examiner asking you to fix or explain something — and most applications that receive one still proceed to registration when the reply is properly drafted.
- Discrepancy letters answered with evidence
- Third-party objections defended at hearing
- Ownership and authorship gaps closed
- Reply drafted by the person who handles your file
- Government fee from
- Nil
- Our fee from
- ₹4,999
- Typical timeline
- 2–8 months
Two different things go wrong, and they need different answers
The first is a departmental discrepancy. After the thirty-day objection window closes, the Examiner reviews your application and may issue a letter pointing to a defect — an incomplete statement of particulars, an unclear ownership chain, a missing NOC from the author, a work that looks like it falls outside the category claimed, or a logo filed as an artistic work without the Trade Marks search certificate. You are given a period to respond, and the application waits.
The second is a third-party objection. Anyone may object to your application during the thirty-day window after the diary number is issued. Where that happens, the Registrar gives both sides an opportunity to be heard before deciding. This is a contested proceeding, not a formality, and it is usually about who actually owns the work — a former contractor, a co-author, a previous employer or a licensee.
The distinction matters because the work is different. A discrepancy is answered on paper with the right documents. An objection is defended with evidence of authorship and title, and often at a hearing.
In either case the underlying issue is nearly always the ownership chain. Work made by an employee in the course of employment belongs to the employer by default; work commissioned from a freelancer or agency does not, unless the contract assigns it. Where that assignment was never taken, the fix is to take it now and put it before the Registrar.
What copyright objection reply gives you
The practical advantages, not the marketing version.
The application stays alive
An unanswered discrepancy letter results in the application being treated as abandoned and the fee lost.
Ownership documented properly
Missing assignments and NOCs are obtained and placed on record, which fixes the underlying defect rather than deferring it.
Hearings attended
Where the Registrar lists a hearing, it is attended and argued, not handed back to you to manage.
Evidence marshalled
Creation dates, drafts, version histories, invoices and contracts are assembled into a coherent record of authorship.
Realistic advice first
Where the objection is well founded, you are told so — before spending on a contest you would lose.
Refiling handled if needed
Where the cleanest route is a corrected fresh application, that is prepared instead.
The process, step by step
Every stage, with realistic timelines — including the ones that depend on the registry rather than on us.
- 11–2 days
Read the letter properly
The discrepancy or objection is analysed against the file to identify precisely what the Registrar is asking and what would satisfy it.
- 22–3 days
Assess and advise
You get a written view on whether the objection is answerable, what evidence is needed, and what it will cost.
- 35–15 days
Assemble evidence and consents
Assignments, NOCs, employment contracts, invoices and creation records are collected and, where missing, executed.
- 43–7 days
Draft and file the reply
The response is drafted addressing each point raised, with annexures, and filed within the period allowed.
- 5As scheduled
Hearing, if listed
Where the Registrar lists the matter, the hearing is attended and the case argued on the record.
- 62–8 months
Outcome
The application proceeds to registration, or the Registrar's decision is received and next steps advised.
What you need to provide
Have these ready and the filing moves quickly. We tell you if anything is missing before we start.
The proceeding
- Copy of the discrepancy letter or notice of objection
- Diary number and filing acknowledgement
- The original application and statement of particulars as filed
- Any correspondence already exchanged with the Copyright Office
Proving ownership
- Employment agreements for staff who created the work
- Contractor or agency agreements with an assignment clause
- Deed of assignment where the author is not the applicant
- NOC from the author, co-authors or the design agency
- Invoices and payment records for commissioned work
Proving authorship and date
- Dated drafts, version history or repository commit logs
- Design files with metadata
- Publication or first-use evidence
- Correspondence showing the work being developed
Official fees
These are statutory fees payable to the government, separate from our professional fee. We never mark them up.
| Fee type | Amount | Notes |
|---|---|---|
| Reply to a discrepancy letter | Nil | No statutory fee for responding. |
| Hearing before the Registrar | Nil | No fee for attending. |
| Change of particulars — literary or artistic work | ₹200 | Where the reply requires an amendment on record. |
| Change of particulars — cinematograph film | ₹2,000 | Per work. |
| Fresh application, if refiling is advised | ₹500–₹5,000 | Depends on the category of work. |
| Trade Marks search certificate (Form TM-C) | ₹10,000 | Where an artistic work used on goods was filed without it. |
Replying costs nothing in statutory fees. The cost is professional work — analysis, evidence gathering, drafting and, where listed, the hearing. Where the discrepancy exists because a required document was never obtained, the cost of obtaining it now (an assignment, an NOC, or a TM-C certificate) is separate.
Transparent professional fees
Fixed fees, quoted upfront. Government fees are charged at cost and shown separately on every invoice.
Discrepancy Reply
A departmental discrepancy letter answered.
- Letter analysed against the file
- Written view on what is required
- Documents and consents assembled
- Reply drafted and filed
- Status tracked to outcome
Objection Defence
A third-party objection contested through to hearing.
- Everything in Discrepancy Reply
- Evidence of authorship compiled
- Counter-statement drafted
- One hearing attended and argued
- Settlement or withdrawal negotiated where sensible
Ownership Clean-up
Fix the chain of title behind the objection.
- Authorship and title audit
- Assignment deeds drafted
- NOCs obtained from authors or agencies
- Amendment filed on record
Questions we get asked
If your question is not here, send it over — we answer directly rather than routing you to a form.
Is a discrepancy letter a rejection?
How long do I have to reply?
Someone has objected to my application. What now?
My designer created the logo. Do I own it?
Can I just file a fresh application instead?
Still unsure? Book a free consultation and we will tell you honestly whether this is the right service for you.
Ready to start your copyright objection reply?
Talk to an IP professional first. No obligation, no sales script — just a clear view of where you stand and what it will cost.