7 Common Mistakes in Trademark Applications which leads to rejection
Getting your trademark application rejected is frustrating and costly. In India, approximately 60% of trademark applications face initial objections due to preventable mistakes. These rejections delay your brand protection by months and often require expensive legal responses.
The Indian Patent Office receives over 300,000 trademark applications annually. With such high volume, even small errors can lead to automatic rejections. Understanding these common mistakes can save you time, money, and protect your brand faster.
What happens when your application gets rejected? You typically have 30 days to respond with corrections or clarifications. If you can’t fix the issues, you’ll need to file a completely new application, losing your original filing date priority.
Mistake 1: Incorrect Class Selection
❌ The Problem
Choosing the wrong trademark class is the #1 reason for application rejection. Many applicants select classes based on guesswork rather than understanding what their business actually does.
What Are Trademark Classes?
India follows the Nice Classification system with 45 different classes:
- Classes 1-34: Goods (products you sell)
- Classes 35-45: Services (what you do for customers)
Common Class Selection Errors
- Tech startups filing in Class 9 (computer hardware) when they need Class 42 (software services)
- Restaurants choosing Class 29 (food products) instead of Class 43 (restaurant services)
- Consultants picking Class 16 (printed materials) rather than Class 35 (business services)
- E-commerce businesses missing Class 35 (online retail services)
✅ How to Fix It
- Research the Nice Classification database thoroughly
- Look at similar businesses and their registered trademarks
- Consider both current and future business activities
- File in multiple classes if you operate in different areas
- Consult the official Indian trademark classification guide
Mistake 2: Inadequate Trademark Search
❌ The Problem
Filing without proper search leads to inevitable rejection. Over 40% of rejections happen because similar trademarks already exist. A basic Google search isn’t enough.
Why Trademark Search Matters
India has over 2 million registered trademarks. Your mark might conflict with:
- Identical marks in the same class
- Similar sounding names (phonetic similarity)
- Visually similar logos or designs
- Marks with similar meaning in different languages
- International marks with priority in India
Types of Trademark Searches Needed
- Identical Search: Exact matches in your class
- Phonetic Search: Similar sounding marks
- Design Search: Visual similarity for logos
- Translation Search: Same meaning in Indian languages
- Common Law Search: Unregistered but used marks
✅ How to Fix It
- Use the official Indian Trademark Database (IPINDIAONLINE)
- Search in all relevant classes, not just your main one
- Check domain names and social media handles
- Look for common law trademarks through Google searches
- Consider hiring My Legal Pal legal professionals for comprehensive searches
Mistake 3: Poor Mark Distinctiveness
❌ The Problem
Generic or descriptive marks get rejected automatically. Your trademark must be distinctive enough to identify your specific business, not just describe what you do.
What Makes a Mark Non-Distinctive?
- Generic terms: “Computer” for IT services, “Hotel” for hospitality
- Descriptive words: “Fast Delivery” for courier services
- Geographical names: “Mumbai Traders” without distinctive elements
- Common surnames: “Sharma & Co” without unique features
- Laudatory words: “Best Quality Products”
Examples of Weak vs Strong Trademarks
| Weak (Likely Rejected) | Strong (Likely Approved) |
|---|---|
| Quick Food | McDonald’s |
| Online Shopping | Amazon |
| Fresh Juice | Tropicana |
| Best Quality | Nike |
| Fast Service | FedEx |
✅ How to Fix It
- Create invented words (like “Kodak” or “Xerox”)
- Use arbitrary words (like “Apple” for computers)
- Combine common words in unique ways
- Add distinctive design elements to word marks
- Avoid industry-standard terms and phrases
Mistake 4: Incomplete Documentation
❌ The Problem
Missing or incorrect documents cause immediate rejection. The Indian Patent Office requires specific paperwork, and incomplete applications are automatically refused.
Required Documents for Indian Trademark Application
- Form TM-A: Main application form
- Logo/Mark representation: Clear image in specified format
- Power of Attorney: If using a lawyer or agent
- Priority document: If claiming foreign priority
- User affidavit: For “proposed to be used” applications
Common Documentation Errors
- Blurry logo images: Must be clear, high-resolution files
- Wrong file formats: Use JPG for logos, PDF for documents
- Incomplete forms: Missing signatures or mandatory fields
- Mismatched information: Different names on various documents
✅ How to Fix It
- Double-check all forms before submission
- Use high-quality scans or original digital documents
- Get documents notarized where required
- Keep backup copies of all submitted documents
Mistake 5: Wrong Applicant Details
❌ The Problem
Incorrect applicant information creates legal complications. The person or entity listed as the applicant becomes the legal owner of the trademark rights.
Who Should Be the Applicant?
- Individual owners: Person who will use the trademark
- Companies: The legal entity that owns the brand
- Partnerships: Usually the partnership firm, not individual partners
- Joint applicants: Multiple parties who will share ownership
Common Applicant Mistakes
- Wrong entity type: Individual applying for company trademark
- Spelling errors: Names not matching official documents
- Old business names: Using previous company names
- Missing directors: Not including all authorized signatories
- Address issues: Using personal address for business marks
✅ How to Fix It
- Use exact names from official registration documents
- Verify current business registration status
- Use registered business address for companies
- Include all partners in partnership applications
- Double-check business registration numbers
Mistake 6: Missing Priority Claims
❌ The Problem
Failing to claim priority loses valuable rights. If you’ve filed in other countries first, you can claim that earlier date in India – but only if done correctly.
Understanding Priority Rights
Under the Paris Convention, you can claim priority from:
- Your first application in any member country
- Within 6 months of the original filing date
- For the same mark and similar goods/services
- This gives you protection from the original date
Priority Claim Requirements
- Priority document: Certified copy from original country
- Translation: If not in English or Hindi
- Exact match: Same mark and applicant name
- Time limit: Must claim within 6 months
- Fee payment: Additional priority fees apply
✅ How to Fix It
- File priority claims immediately when applicable
- Get certified copies from the original trademark office
- Ensure exact name and mark matching
- Don’t wait – priority rights expire after 6 months
- Pay all required fees along with the claim
Mistake 7: Improper Representation Letters
❌ The Problem
Incorrect power of attorney documents cause processing delays. If you’re using a lawyer or agent, proper authorization is mandatory.
Power of Attorney Requirements
- Form TM-48: Standard power of attorney form
- Proper signatures: Must be signed by authorized persons
- Notarization: Required for all POA documents
- Agent details: Correct lawyer/agent registration numbers
- Scope of authority: Clear definition of what agent can do
Common POA Errors
- Using old forms: Outdated POA formats get rejected
- Wrong signatures: Unauthorized persons signing documents
- Missing notarization: POA must be properly notarized
- Incorrect agent details: Wrong registration numbers or names
- Limited scope: POA doesn’t cover required actions
✅ How to Fix It
- Use current official POA forms only
- Ensure authorized signatories sign all documents
- Get POA properly notarized by authorized officials
- Verify your lawyer’s current registration status
- Include broad powers for all trademark-related activities
How to Avoid These Mistakes – Expert Prevention Tips
Before Filing Your Application
- Conduct thorough research: Spend time understanding trademark law basics
- Comprehensive search: Use multiple databases and search methods
- Professional consultation: Get expert advice on complex issues
- Document preparation: Gather all required papers in advance
- Multiple reviews: Check everything at least twice
During Application Process
- Use official forms: Download latest versions from IP India website
- Follow guidelines: Read all instructions carefully
- Keep records: Save copies of all submissions
- Track progress: Monitor your application status regularly
- Respond promptly: Address any office actions quickly
Common Tools and Resources
- IP India Online: Official trademark database and filing portal
- Nice Classification: International class classification system
- Legal databases: Professional trademark search tools
- Professional help: Trademark lawyers and registered agents
When to Hire a Trademark Lawyer
Featured Answer:
You should hire a trademark lawyer when: Your business is valuable, you’re facing objections, dealing with international filings, or want to avoid costly mistakes. Professional help can save much more in prevented rejections.
Benefits of Professional Help
- Higher success rates: Professionals have 85%+ approval rates vs 60% for DIY
- Comprehensive searches: Access to professional databases
- Strategic advice: Guidance on class selection and mark strength
- Faster processing: Knowing the system reduces delays
- Objection handling: Expert responses to office actions
Related Articles You Should Read:
- Risks of not registering your trademark
- Trademark Opposition in India | Grounds, Fees, Procedure, Eligibility
- Ultimate Guide to Trademark Registration| Process, Costs & Strategies for Businesses, Startups and SMEs in 2025
Frequently Asked Questions
What are the most common trademark application mistakes in India?
The most common mistakes include incorrect class selection, inadequate trademark search, poor mark distinctiveness, incomplete documentation, wrong applicant details, missing priority claims, and improper representation letters. These account for over 60% of application rejections.
How long does trademark registration take in India?
Trademark registration in India typically takes 12-18 months if there are no objections. Mistakes can delay the process by 6-12 additional months. The timeline includes examination (3-4 months), publication (4 months), and registration (2-4 months).
Can I fix mistakes after filing my trademark application?
Some mistakes can be corrected through amendments, but major errors like wrong class selection may require a new application. Minor errors like address changes can usually be corrected. It’s always better to get it right the first time to avoid delays and additional costs.
Do I need a lawyer for trademark registration in India?
While not mandatory, hiring a trademark lawyer significantly reduces the risk of mistakes and rejection. Professional help ensures proper class selection, thorough searches, and correct documentation. Lawyers have success rates of 85%+ compared to 60% for DIY applications.
What happens if my trademark application is rejected?
If rejected, you typically have 30 days to respond with corrections or clarifications. You can file a response addressing the objections, provide additional evidence, or modify your application. If unsuccessful, you may need to file a new application, losing your original filing date.
How much does it cost to fix trademark application mistakes?
Fixing mistakes can cost ₹5,000-₹25,000 for amendments and responses. If you need to file a new application, costs range from ₹25,000-₹50,000 including professional fees. Prevention through proper initial filing is always more cost-effective.
Can I search for trademarks myself before filing?
Yes, you can use the official IP India database for basic searches. However, professional searches are more comprehensive and include phonetic, design, and common law searches. DIY searches miss about 30% of potential conflicts that professionals would catch.
What’s the difference between trademark classes?
Classes 1-34 cover goods and classes 35-45 cover services. Each class has specific subcategories. You must file in the correct class for your goods or services. Wrong class selection is the #1 cause of application rejection.
How do I know if my trademark is distinctive enough?
Distinctive marks are unique and don’t merely describe the goods/services. Avoid generic terms, geographical names, or descriptive phrases. Invented words, arbitrary terms, or suggestive marks work best. When in doubt, consult a trademark professional.
What documents do I need for trademark registration?
Required documents include Form TM-A, clear logo representation, identity proof, address proof, and power of attorney (if using an agent). Additional documents may be needed for priority claims or specific business types. All documents must be current and properly formatted.
Success in trademark registration comes from thorough preparation, understanding the system, and getting professional guidance when needed. Don’t let preventable mistakes delay your brand protection.
Need Expert Help? Don’t let common mistakes derail your brand protection. Our experienced trademark lawyers have helped over 1,000 businesses successfully register their trademarks in India.