Some of the most important steps to protect your brand name include registering a trademark. Nevertheless, even with the increased awareness regarding the issue of intellectual property rights, the number of applications to trademarks in India is still substantial with many applicants receiving objections or even rejection on an annual basis. These causes are typically procedural mistakes to lack of uniqueness or legal incompatibility with the current marks.
Knowing the reasons why trademark applications are rejected will assist you in preventing an expensive delay, and so that the registration process passes smoothly. It will be possible using the professional assistance of trademark registration services and professional legal advice to make your application more strong, and increase the chances of approval.
1. Lack of Distinctiveness
The usual reason due to rejection in registration of the trademark is that the proposed mark is not distinctive. According to the Indian Trademark Act, 1999, a trademark should be used to differentiate goods or services of one company with another.
Descriptive or generic marks – e.g. words used describing the quality, kind or use of the goods, etc. – are generally not accepted. An example is the attempt to be registered Fresh Bread in a bakery or the name Cool Water in bottled water, would be most probably rejected.
To avoid this, the applicants are encouraged to select distinctive and creative names, symbols or logos which have no direct descriptive association with the product or service.
2. Similarity with Existing Trademarks
The other significant reason of rejection is the similarity with an already registered trademark. The Registrar disapproves applications that may create confusion among the consumers. Even the slightest changes in spelling, color or design might not be sufficient to distinguish your mark as opposed to an existing one.
It is also necessary to first have a comprehensive trademark search before filing to make sure that your marks are not similar to those of other registered trademarks. Professional services in trademark consultancy are used to recognize conflicting marks and recommend their modifications to increase originality.
As an illustration, an application to register “Star Line Footwear” can be denied as the phonetic similarity to already registered Starline Shoes.
3. Incorrect Classification of Goods and Services
All trademarks should be registered in the right classification of the goods or services according to the Nice Classification System. It has 45 classes and one can easily be rejected by selecting the wrong class.
Indicatively, it will not accommodate mark registration of software development under a category of hardware tools. It is important to have the right business activities under your trademark protection by proper classification.
The trademark registration lawyers in Delhi or other legal specialists who are well knowledgeable on the classification procedures can be helpful to help you to choose the correct classes and prevent technical rejection.
4. Prohibited or Misleading Marks
Trademark Act does not allow registration of marks which are deceptive, obscene or unethical to the morality of the community. Misleading trademarks that define the nature, quality, or origin of the goods to the consumer are also prohibited.
As an example, the application of such words as organic, pure, or approved by the government when the product is not corresponding to such criteria will result in the rejection. In a similar manner, temporary marks which are similar to the national symbols, flags or emblems are also not allowed to be registered.
The applicants are advised to make sure that their marks are in accordance with all legal and ethical requirements so that their marks do not raise any objection on examination.
5. Wrong or incomplete Application Information
One of the most common but the least complicated causes of rejection of trademarks application is procedural errors. Errors in the name of the applicant, address, type of business or wrong description of the mark may result in rejection.
Unfulfilled applications or absence of documents – including the Power of Attorney or evidence of utilisation – usually slow down or halt the registration process. The use of professional people in the filing of the trademark registration service is a way to achieve accuracy and completeness.
6. Trademark Already used and unproven
In case you say you have used a mark previously, you are required to submit evidence in form of invoices, advertisements or registration certificates that show that the mark has been used by a business. Objections are likely to be caused by the failure to present credible evidence.
The Registrar looks at how the mark has been actually used in trade or it has just been purported to seek protection. In the absence of evidence, the application can be turned down due to insufficiency of evidence of utilization.
7. Misleading or Geographical Names
Misleading or geographical names used in the trademarks are also rejected. An example of this is the fact that the use of the name Swiss Watches to refer to products that are not manufactured in Switzerland can be deemed as deceptive. The Registrar does not allow such marks so that the consumers are not distorted on the origin of the product.
The applicants are not supposed to use generic geographical names unless they have developed individuality through their long usage and use.
8. Third Party opposition
Once a trademark application is taken by the Trademark Journal, it is subject to opposition by the third parties within a period of four months. In case any person or organization feels that your trademark is violating his or her rights, he can make an opposition.
In case of overwhelming evidence against the opposition, the Registrar can turn down your application. To address this type of cases well, it is imperative to employ a highly qualified trademark lawyer to help in drafting counter-statements and protecting your rights.
9. Failure to Respond to Examination Report
After an application has been reviewed, the Registrar publishes an Examination Report pointing out to any objections. Lack of response within the time (which is normally 30 days) results in automatic abandonment or rejection of the application.
Lots of the applicants lose the right to register just because they are indifferent or respond slowly. The services of professional trademark consultancy keep track of the time, write back drafts, and represent the applicant in the hearing, so that no step is missed.
Conclusion
The protection of trademarks is an essential investment to any business and a simple slip in the application may result in rejection or postponements. The majority of the rejections are based on the absence of a distinctiveness, the fact that marks are similar to the existing ones, the mistakes during the procedure, or the wrong classification. It is a difference worth taking since hiring qualified trademark registration attorneys in Delhi will help you to have your application by all the legal standards.
Professional support assists in search, document preparation and also in objections.
To be sure, Lawchef offers trademark consultancy services and trademark registration services to ensure the process of protecting your brand becomes as flawless as possible. Their professional trademark attorneys also make sure that each application is correct, is compliant, and that it has been prepared in a strategic manner which would guarantee successful registration.
