What If My Trademark Application Gets Rejected?

 

Introduction

Your brand is one of your most valuable business assets. Whether you're a startup founder, small business owner, or corporate leader, securing your brand through trademark registration is vital for long-term growth, legal protection, and customer loyalty.

Unfortunately, registering a trademark isn’t always smooth. Many believe that once an application is submitted, approval is automatic—but that’s rarely the case. Objections, legal hurdles, or even outright rejection can disrupt the process.

But here’s the good news: a trademark rejection is not final. With the right approach and timely action, you can overcome it.

Common Reasons Why Trademark Applications Get Rejected in India

Understanding the cause of rejection is the first step toward fixing it. Here are the most frequent reasons why the Indian Trademark Registry may reject your application:

1. Similarity to Existing Trademarks

If your proposed trademark is too similar or identical to an already registered mark, it can confuse consumers and will likely be rejected.

2. Lack of Distinctiveness

Generic or descriptive trademarks (e.g., “Best Shoes” for a footwear brand) often fail because they lack uniqueness.

3. Use of Prohibited or Offensive Terms

Under Section 9 of the Trade Marks Act, 1999, any mark that contains offensive, obscene, religiously sensitive terms, or national symbols may be refused.

4. Wrong Classification or Description

Filing under the incorrect trademark class or inaccurately describing your goods/services can lead to rejection.

5. Procedural Errors

Missing documents, incorrect applicant details, or non-payment of fees can result in an avoidable rejection.

What Happens After a Trademark Rejection?

1. Examination Report

You’ll receive an Examination Report outlining the objections under Section 9 (absolute grounds) or Section 11 (relative grounds).

2. Opportunity to Respond

You have 30 days to submit a reply addressing the objections, including legal justifications, usage evidence, and any necessary documents.

3. Trademark Hearing

If your response doesn’t satisfy the Registrar, a hearing may be scheduled—online or offline—where you (or your lawyer) can present your case.

4. Final Decision

After the hearing, the Registrar may accept the application or issue a final rejection with written reasons.

What to Do If Your Trademark Is Finally Rejected

All is not lost! You still have options:

1. Appeal to High Court

Since the Intellectual Property Appellate Board (IPAB) was dissolved in 2021, appeals must be filed with the IP Division of the relevant High Court within 3 months of rejection.

2. Review or Rectification Petition

If there's new information or you believe the rejection was legally flawed, consider filing a review petition.

3. Refile with Improvements

Sometimes it’s smarter to modify your trademark and reapply with a stronger version that addresses earlier concerns.

How to Avoid Trademark Rejection from the Start

 Conduct a Thorough Trademark Search

Use the IP India Public Search Tool to check if similar trademarks already exist. Better yet, hire a legal expert to help.

 Choose a Distinctive and Creative Mark

Avoid generic words. Invented or suggestive terms (e.g., “Zyrotex” instead of “Tech Solutions”) are more likely to be accepted.

 Classify Correctly

Ensure your trademark application is filed under the right class as per the Nice Classification system.

 Submit Supporting Documents

If your mark is already in use, attach user affidavits, ads, bills, or domain ownership proofs.

  Seek Professional Legal Help

An experienced trademark attorney can help you draft a compliant application, avoid objections, and respond effectively if issues arise.

Why Work With a Legal Services Provider?

A reliable legal professional can:

• Review and analyze rejection grounds

• Draft a strong and evidence-backed reply

• Represent you during the hearing process

• Help revise or refile your trademark application

• Track your application's post-rejection status

Tip: Professional guidance can drastically improve your chances of getting your trademark approved on appeal or resubmission.

Conclusion

Facing a trademark rejection may feel discouraging—but it’s a hurdle, not a dead end. By understanding the reasons for rejection, taking prompt action, and seeking the right guidance, you can still secure your brand’s legal protection.

Whether you’re preparing to file, responding to an objection, or appealing a rejection, staying proactive and informed is key

 Need help with a trademark objection or rejection?

Contact a legal professional today or reach out to ClauseDesk for expert assistance in navigating your trademark journey.