Grounds for refusal of registration of trademark in 2025

Grounds for refusal of registration of trademark in 2025

Grounds for refusal of registration of trademark in 2025

Nishi Chawla

09 Apr 2025

Reading Time: 26 Minutes

Ground for Refusal of Trademark Registration

Getting trademark protection becomes mandatory for companies targeting brand security and uniqueness ownership. The trademark office rejects many trademark applications. The Trade Marks Act of 1999 sets out official reasons that will lead to refusing a trademark application. The applicant must know the trademark registration rejection causes to improve their application chances.​

Absolute Grounds for Refusal

Absolute grounds pertain to the intrinsic characteristics of the trademark itself. Under Section 9 of the Trade Marks Act, a trademark may be refused registration if:​

  1. Lack of Distinctive Character: Trademarks that cannot distinguish the goods or services of one entity from another are deemed non-distinctive and are ineligible for registration. For instance, using common terms like "Best" or "Quality" without any unique stylization or combination may be considered non-distinctive. ​
  2. Descriptive Marks: Marks that exclusively describe the kind, quality, quantity, intended purpose, values, or geographical origin of the goods or services are not registrable. For example, attempting to trademark the term "Sweet" for a candy brand would be considered descriptive. ​
  3. Customary in Current Language or Trade Practices: Marks that people use regularly or follow industry standards cannot earn trademark protection. The words Email and Laptop serve as everyday words for everyone and they cannot qualify for trademark protection. ​
  4. Deceptive Marks: The law prohibits trademarks that could trick people into believing incorrectly about the origin, quality or characteristics of products being offered. Manufacturers should not label their products as organic unless they demonstrate complete organic certification. ​
  5. Contrary to Law or Morality: If trademarks include content of matter that hurts religious feelings or if they are scandalous or obscene in nature the request for registration will be rejected. Marks that feature offensive symbols or language cannot get approved for trademark registration.

Relative Grounds for Refusal

Relative grounds assess the trademark in relation to existing trademarks. As per Section 11 of the Act, a trademark may be refused if:​

  • Similarity to an Existing Trademark: If the proposed trademark is identical or similar to an earlier trademark for identical or similar goods or services, leading to a likelihood of confusion among the public, it can be refused. For example, attempting to register "Nikee" for sportswear could be seen as too similar to the existing "Nike" brand. ​
  • Well-Known Trademarks: Marks that are identical or similar to a well-known trademark in India, where the use of the later mark would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trademark, are not registrable. For instance, using "Coca-Kola" for beverages would infringe upon the well-known "Coca-Cola" trademark. ​
  • Protection by Other Laws: Trademarks whose use is prohibited by virtue of laws protecting unregistered trademarks, such as the law of passing off or copyright law, may be refused registration. This ensures that unregistered but established trademarks are also protected from misuse. ​

Procedure for Registration of Trademark

Navigating the trademark registration process involves several steps:​

  1. Conduct a Trademark Search: Before applying, perform a comprehensive search to ensure no similar or identical trademarks exist. This can be done through the IP India public search tool.
  2. File the Application: Submit the application with the required details and documents. This can be done online through the IP India e-filing portal.​
  3. Examination by the Registrar: The Registrar examines the application for any discrepancies or grounds for refusal.​
  4. Publication in the Trademark Journal: If accepted, the trademark is published in the journal for public opposition.​
  5. Registration: If no oppositions are filed, the trademark proceeds to registration, and a certificate is issued.​


Government Fees for Trademark Registration

The government fees for trademark registration vary based on the applicant type and filing mode:​
Individuals/Startups/Small Enterprises:

  • Physical Filing: ₹5,000 per class.​
  • E-filing: ₹4,500 per class.​

Others (e.g., Companies, LLPs, Trusts):

  • Physical Filing: ₹10,000 per class.​
  • E-filing: ₹9,000 per class.​

Note: Additional professional fees may apply if engaging a trademark attorney or agent. ​

How to Fix a Refused Trademark Application

Sometimes, even after all precautions, the Registrar may raise objections under either absolute or relative grounds. Here's how you can respond:

  • Examination Report: If objections are raised, the office will issue an examination report.
  • Reply Filing: You must file a written reply to the objection within 30 days. This is your chance to argue why your mark deserves registration.
  • Hearing: If your reply isn't sufficient, you may be called for a hearing before the trademark officer.
  • Decision: Based on your defense, the Registrar may accept or refuse your application.

Pro Tip: Always work with a professional to draft replies or appear for hearings. One strong argument can be the difference between success and refusal.

How Long Does a Trademark Last?

Many applicants wonder: trademark registration in India can be renewed after how long?
Here’s your answer: A registered trademark is valid for 10 years from the date of application. But it doesn’t end there. You can renew it indefinitely in 10-year chunks by paying the renewal fee.
 

Renewal Duration Government Fee (E-filing)
10 Years INR 9,000 per Class

Just make sure to file the renewal application before the expiration date to avoid penalties or the mark lapsing.

Where to Start? Trademark Registration Near Me

If you’re looking for trademark registration near me, you don't need to step out. Most of the process is now online, and professionals across India offer remote services. Here’s how to get started with trademark registration online:

  • Search for a professional with experience in your industry.
  • Ask for previous success records and turnaround times.
  • Verify their charges—look for transparency.
  • Check if they provide post-registration support.

Wrap Up

Trademark protection is no longer a luxury—it’s a necessity. But the process isn’t always as straightforward as it seems. The Registrar has strict benchmarks under both absolute and relative grounds to ensure only genuinely eligible marks get through. That means the bar is high, and rightfully so.

A failed application not only wastes time but also increases your trademark registration fees if you reapply. So, treat this like an investment—plan thoroughly, seek expert help, and stay updated on your application’s status.


 

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