Filing a trademark application feels like a step in the right direction. You have picked a name, designed a logo, and submitted the paperwork. Then the examination report arrives, and your application faces rejection. For thousands of applicants in India each year, trademark application rejection is an unexpected setback that could have been avoided with better preparation.
The Trademark Examiner at the Indian Trademark Registry evaluates every application against the provisions of the Trade Marks Act, 1999. If the mark fails to meet specific legal requirements, the Examiner issues an objection or outright refuses the application. Understanding the reasons trademark rejected India applicants commonly face is the first step toward filing a stronger, more defensible application. This guide explains each major ground for refusal, provides practical examples, and outlines what you can do if your application is turned down.
Absolute Grounds for Refusal (Section 9)
Absolute grounds relate to the inherent characteristics of the mark itself. These are the most frequently cited reasons for trademark application rejection. The Examiner evaluates whether the mark meets the basic threshold of registrability, regardless of whether competing marks exist.
Lack of Distinctiveness
A trademark must be capable of distinguishing the goods or services of one business from those of another. If your mark consists of common words, generic terms, or simple geometric shapes that consumers wouldn't associate with a specific source, it lacks distinctiveness. For example, trying to register "Quality Shoes" for a footwear brand would likely face refusal because the words merely describe a characteristic rather than identifying a particular business. Coined words, arbitrary terms, and fanciful names carry the highest degree of distinctiveness and face fewer hurdles during examination.
Descriptive Marks
Marks that directly describe the quality, quantity, intended purpose, value, geographical origin, or the time of production of goods and services are not registrable. The rationale is straightforward. Descriptive terms should remain available for all traders to use. Attempting to register "Fresh Organic" for a food brand, or "Speedy Delivery" for a logistics company, would fall squarely into this category. However, if you can demonstrate that a descriptive mark has acquired distinctiveness through extensive and exclusive use over time, the Registrar may consider it under acquired distinctiveness or secondary meaning doctrine.
Customary or Generic Terms
Words that have become common in everyday language or established trade practices cannot be monopolised by a single entity. Terms like "digital" for technology services or "premium" for luxury goods are considered generic within their respective industries. The Trade Marks Act specifically prohibits registration of marks that consist exclusively of such terms to ensure fair competition in the marketplace.
Deceptive Marks
If a mark is likely to mislead consumers about the nature, quality, or geographical origin of the goods or services, it faces refusal. For instance, using the word "Swiss" for watches manufactured entirely in India would be considered deceptive because it creates a false impression of origin. Similarly, a mark suggesting medicinal properties for a product that has none could mislead the public and trigger rejection.
Scandalous or Offensive Marks
Marks containing matter that is scandalous, obscene, or likely to hurt the religious sentiments of any section of Indian citizens are refused. This also includes marks that contain or closely resemble national emblems, state symbols, or insignia protected under the Emblems and Names (Prevention of Improper Use) Act, 1950. The Examiner applies these standards keeping public sensitivity and cultural context in mind.
Relative Grounds for Refusal (Section 11)
Relative grounds arise when the proposed mark conflicts with existing rights. Unlike absolute grounds, these involve a comparison between the applicant's mark and marks already on the register or in use.
Similarity with an Earlier Registered Mark
This is one of the most common reasons trademark rejected India applications encounter. If a mark identical or deceptively similar to yours already exists on the register for the same or similar class of goods or services, the Examiner will cite it in the examination report. Similarity is assessed on three levels: visual (how the marks look), phonetic (how they sound), and conceptual (what they convey). Even if the spelling differs, a phonetically identical mark can trigger refusal.
This is precisely why conducting a trademark search before filing is essential. A pre-filing search identifies conflicting marks and gives you the opportunity to modify your mark or select a different class before investing time and money in the application.
Conflict with a Well-Known Trademark
Section 11(2) extends protection to well-known trademarks even beyond identical goods or services. If your mark resembles a well-known trademark, the Examiner may refuse registration on the basis that it would take unfair advantage of the established reputation or dilute the distinctiveness of the well-known mark. Global brands and nationally recognized Indian marks enjoy this broader scope of protection.
Prior Use by Another Party
Even if a competing mark is not registered, the Examiner can refuse your application if another party can demonstrate prior use in commerce. Under Indian trademark law, prior use can establish rights that override a later-filed application. This underscores the importance of starting to use your mark in trade as early as possible, ideally before or alongside filing the application.
Procedural and Technical Grounds for Rejection
Not every trademark application rejection stems from the substance of the mark. Procedural missteps can derail an otherwise registrable application.
| Procedural Issue | Consequence |
| Incorrect class selection | Goods or services not properly covered, application may be refused or narrowed |
| Incomplete applicant details | Missing name, address, or entity type can stall examination |
| Absence of Form TM-48 | Agent authorization missing, application cannot proceed through attorney |
| Poor quality mark representation | Logo or device mark image unclear, Examiner cannot assess distinctiveness |
| Wrong application form used | Using TM-A when TM-M is required (or vice versa) creates procedural complications |
| Non-payment or underpayment of fees | Application may be treated as incomplete or abandoned |
These issues are usually fixable if identified early. Filing through a professional service experienced in trademark registration helps eliminate procedural errors at the outset.
What to Do If Your Trademark Application Is Rejected
Receiving a refusal does not necessarily mean the end of the road. The response you take depends on the nature of the objection raised.
File an Objection Reply Within 30 Days
If the Examiner issues an examination report citing specific grounds for refusal, you have 30 days to respond. Your reply should address each objection point by point, supported by legal arguments and evidence. For similarity objections, highlight the differences between your mark and the cited mark. For descriptiveness objections, provide evidence of acquired distinctiveness through prolonged use. A strong trademark objection reply can overturn the initial refusal in many cases.
Attend the Trademark Hearing
If the written reply does not satisfy the Examiner, a hearing is scheduled. During the trademark hearing, you or your attorney presents oral arguments before the Registrar. The hearing is your final opportunity within the Registry to persuade the authorities. Professional representation is strongly recommended at this stage because the hearing follows a structured legal format.
Appeal to the High Court
If the Registrar's final decision is unfavourable, you can appeal before the High Court within three months of the order. The court reviews both facts and law, and can overturn the Registrar's decision if it finds errors in the reasoning or application of the Trade Marks Act.
Refile with Modifications
In some situations, amending the mark or switching to a different class may be the most practical approach. If the rejection is based on similarity with an existing mark and the differences are marginal, it may be more efficient to modify the mark slightly and refile rather than pursue a lengthy appeal.
How to Avoid Trademark Application Rejection
- Conduct a comprehensive trademark search before filing. Identify conflicting marks across all relevant classes using the IP India public search database and professional search tools.
- Choose a distinctive mark. Coined, arbitrary, or suggestive names are far easier to register than descriptive or generic terms. Invest time in selecting a name that is inherently unique.
- Select the correct class. Review the Nice Classification system carefully and file under all relevant classes covering your current and planned goods or services.
- Ensure complete and accurate documentation. Verify applicant details, attach a clear representation of the mark, include Form TM-48 if filing through an agent, and confirm the correct fee payment.
- Seek professional guidance. Trademark law involves nuanced interpretation. Experienced trademark attorneys at firms like Patron Accounting can review your application for potential pitfalls before submission.
- File early. The sooner you file, the sooner you establish a priority date. Early filing also reduces the window for competing applications to surface.
Conclusion
Trademark application rejection in India is more common than most applicants expect, but it is rarely insurmountable. The key lies in understanding why applications get refused and taking preventive steps before filing. By choosing a distinctive mark, conducting thorough pre-filing searches, ensuring procedural accuracy, and seeking professional guidance, you can significantly improve your chances of securing registration on the first attempt.
If your application has already been refused, remember that options remain. A strong objection reply, a well-argued hearing, or an appeal to the High Court can reverse the outcome. The important thing is to act within the prescribed deadlines and approach the process strategically. For expert support with trademark registration, objection responses, trademark hearings, or any trademark-related services, Patron Accounting's qualified professionals are ready to assist you.
