Tag Archives: Intellectual Property

Registering a trademark is one of the most effective ways to protect your brand identity in India. A registered trademark gives you exclusive rights, prevents infringement, and builds consumer trust.

However, not every application gets approved. In fact, a large number of trademark applications in India are rejected or objected to by the Trademark Registry due to certain avoidable mistakes.

Knowing the common reasons for rejection can help you prepare a stronger application and save time, money, and effort.

✅ Common Reasons for Trademark Rejection

1. Similarity with an Existing Trademark
   • If your proposed mark closely resembles an already registered or applied trademark, it may be rejected.
   • Even minor similarities in spelling, logo design, or pronunciation can lead to objections.
2. Lack of Distinctiveness
   • A trademark must be unique and distinctive.
   • Generic or common terms like “Best Bakery” or “Fresh Milk” are often rejected.
3. Descriptive Marks
   • Trademarks that merely describe the product/service (e.g., “Sweet Sugar” for a sugar brand) are not allowed.
   • The Registry prefers marks that create a unique identity rather than describing qualities.
4. Use of Prohibited or Offensive Words
   • Marks containing obscene, scandalous, or prohibited words are rejected.
   • Names that may hurt religious sentiments or misuse national symbols (like the Indian flag or emblem) are strictly disallowed.
5. Incorrect Classification of Goods/Services
   • The trademark application must be filed under the correct class (there are 45 classes under the Nice Classification).
   • Wrong classification often leads to objections or rejection.
6. Incomplete or Wrong Information
   • Errors in applicant details, business address, or incorrect document submission may result in rejection.
   • All information must match with business records (PAN, GST, etc.).
7. Failure to Respond to Objections
   • If the Registry raises an objection and the applicant does not respond within the given time, the application is abandoned.
8. Use of Common/Geographical Names
   • Names based on common words, surnames, or geographical locations (like “Delhi Sweets” or “Patna Traders”) are difficult to register.

✅ How to Avoid Trademark Rejection

• Conduct a trademark search before filing to check for similar marks.
• Choose a distinctive and creative brand name/logo.
• File under the correct class of goods or services.
• Avoid generic, descriptive, or offensive terms.
• Ensure documents and applicant details are accurate.
• Respond promptly to any examination report or objection.
• Seek professional guidance from experts like IndiaRaasta.

✅ Conclusion

Trademark rejection is a common challenge for many businesses, but with the right approach, it can be avoided. By understanding the reasons behind rejection and preparing your application carefully, you can secure your brand’s legal identity with ease.

At IndiaRaasta, we help businesses with trademark search, filing, and objection handling to ensure smooth and successful registration.