What are the Common Reasons for Trademark Application Rejection?

While filing the trademark application with the Trade Marks Registry, it is paramount that the trademark application is properly prepared and filed in compliance with the Trade Marks Act 1999. However, even if the application is properly prepared and filed, the Registry may reject it for some reasons.

It is very important for the applicant to understand these reasons. This can help them bypass the most common mistakes that result in rejection and increase their chances of getting trademark registration successfully. In this blog post, we will discuss some of the most common reasons why trademark applications get rejected in India. 

Common Reasons for Rejection of TM Application

Here are some of the most common reasons why a trademark application may be rejected by the Trade Marks Registry:

1. TM Application Rejection Due to Lack of Distinctiveness 

The TM applications are frequently refused on the ground that the proposed mark lacks distinctiveness. A common mistake many applicants make is to file a trademark application without first checking whether the mark is capable of distinguishing their goods/services from those of others in the industry.

The Trade Marks Registry may reject a trademark if it is too common in nature or too similar to existing marks. Let’s understand this with the help of an example. It is very likely that the Registry will refuse a trademark application for ‘Quality Wallz’ in Class 29, if ‘Kwality Walls’ is already registered in the same class.

2. Trademark Application Rejection Due to Descriptive or Generic Terms 

Another common reason for trademark rejection is due to descriptive or generic terms in the proposed mark. A mark that only describes the quality, features, purpose or nature of the goods or services may not be accepted for registration. Likewise, ordinary words or expressions in frequent use in a particular industry may be rejected.

Let’s understand this by an example. If a company selling chocolate applies for the mark ‘Dark Chocolate’ then it will likely be refused. This is because the mark is merely descriptive of the product. It does not identify the business uniquely. 

3. Rejection Due to Deceptive Marks

If the proposed mark is deceptive in nature and confuses some people or creates false impression among them then the Trademark Registry can reject the application for trademark registration. 

Suppose a company in Delhi applies for the trademark “Made in Switzerland” for its products made in India. In such a case, the Registry may reject the application as the mark would falsely imply that the goods originate from Switzerland, which they do not. 

4. Rejection Due to Use of Scandalous/Offensive Marks

A trademark application may get rejected if it contains words, signs or symbols that are considered to be of offensive nature or are against the interest of the public. Trademarks that may hurt people’s feelings or contain inappropriate content are generally unfit for registration. For instance, if the trademark mocks a certain religion or community, it will face rejection by the TM Registry.

5. Rejection Due to Use of Prohibited Emblems

Another common reason for a rejection of a trade mark application by the Registry is when it includes certain prohibited names, symbols or emblems. No such marks are registrable as trademarks in India. For example, government symbols, national emblems or other protected signs like Ashoka Chakra and Indian Flag cannot be registered as trademarks. 

6. Rejection of Mark Consisting Only of Surname 

A proposed mark’s application may be rejected on the basis of being a mere surname that is in common usage. Such a mark may be insufficiently distinctive to identify the goods / services of one business and distinguish them from those of another. 

Let’s understand this with an example. In the case of an application for registration of the mark “Sharma” alone for clothing or food products, the application may be objected to or refused unless the applicant can prove that the mark has acquired a distinctive reputation through use. 

Conclusion

The chances of trademark registration can be improved by choosing a distinctive mark, avoiding generic terms, common surnames, prohibited, offensive or deceptive elements and by filing the application correctly. However, each application for a trade mark is examined by the Trade Marks Registry on its own merit and is either allowed, opposed or refused in accordance with law. If you need help with trademark filing and other related procedures, you can reach out to IPR team of Registrationkraft. 

Frequently Asked Questions (FAQs)

Q1. Can I modify my trademark after rejection?

If your trade mark application is rejected, you may make the necessary changes to the trademark. Then, you can file a fresh trademark application for the modified mark. 

Q2. How can I improve the chances of trademark registration?

To improve the chances of securing trademark registration, you must ensure that your trademark is unique, not already taken, and that the application is filed correctly with all the required details.

Q3. Can I change the trademark class after filing the application?

No. Once you have filed the trade mark application, you cannot change the trademark class. 

Q4. Can the national emblems be trademarked in India?
A. No, the national emblems cannot be trademarked in India. They are strictly prohibited from being registered in the country.

Post Reviewed By:

Sunny Goel

Sunny Goel is a Chartered Accountant (CA) and a Senior Finance & Regulatory Consultant with extensive expertise in accounting, taxation, financial management, regulatory compliance, and insurance compliance. Through his practical knowledge and experience, he provides reliable guidance on regulatory matters, enabling businesses to meet legal obligations and make informed financial decisions.

Disclaimer:- This article is for general information only and does not constitute legal advice. While avoiding common mistakes may improve the chances of registration, it does not guarantee approval. The acceptance/objection/rejection of a trademark application is subject to the examination and discretion of the Trade Marks Registry.