Out of the several trademark requests we get every month on venture-care.com, a sizeable percentage would not pass the requirements of the Trade Marks Registry. Many of these clients are willing to risk rejection and insist that their applications be filed anyway, only to receive an objection notice a few months. This ends up being a waste of time. The correct thing to do is to file only what is likely to be approved, particularly given that the Registrar needs only a flimsy reason to reject your application. So before you apply, do understand the common reasons for rejecting an application:
- The same or a similar trademark already exists and approval of the application would likely confuse consumers. You can check which trademarks have been approved here.
- If the proposed trademark is merely a description (or even a misleading description) of the product or service, it will be rejected. Therefore, Coconut Paste is unlikely to be cleared, in the case of a chutney product; Purified Water will not be cleared in case of mineral water.
- In India, trademarks that contain immoral, deceptive, or scandalous words or images are certain to be rejected.
- A trademark comprising the Indian flag, or that of any other nation, or any state or municipality, will be rejected.
- Unless you get the permission of the living person, you may not use the person’s name, portrait or signature.
- The proposed trademark is simply geographically descriptive of the goods or services. Therefore, trying to trademark Kashmiri Red Chilli Powder would face rejection.
- Generic words cannot be used, nor can adjectives. Therefore, ‘Best’ or ‘Quality’ would face rejection.
Talk with a Trademark Expert here