You’ve built your brand. You’ve picked the perfect name. You filed your trademark application with confidence. Then came the shock: your application was rejected (or objected to) by the Trademark Registry.
If you’re reading this, you’re probably panicking. But here’s the good news: most trademark rejections are fixable within 30 days, and understanding why your application was rejected is the first step to getting it approved.
This guide walks you through the exact reasons your trademark application failed, the legal grounds behind each objection, and a step-by-step roadmap to fix it before the critical 30-day deadline passes.
Understanding Trademark Rejections vs. Objections
First, let’s clarify terminology. When the Trademark Registry raises concerns about your application, they issue an Examination Report (also called an office action). This is not an outright rejection—it’s a formal objection.
Key difference:
- An objection is a query from the examiner before the final decision
- A rejection occurs only if your reply to the objection is unsatisfactory, or if you miss the 30-day deadline
The critical point: You have exactly 30 days from the date you receive the Examination Report to file a reply. There are no extensions or reminders. Missing this deadline means your application is automatically abandoned.
The 5 Most Common Reasons Your Trademark Was Rejected
Trademark objections fall into two broad categories under Indian law: Absolute Grounds (Section 9) and Relative Grounds (Section 11) of the Trade Marks Act, 1999.
Lack of Distinctiveness (Section 9(1)(a)) – The #1 Reason
Your trademark must function as a badge of origin—a unique identifier that distinguishes your goods/services from competitors.
Common issues:
- Your mark is too generic or descriptive (“Best Pizza Store”, “Pure Milk”)
- Your mark is too ordinary or common (“ABC Technologies”, “Modern Fashion”)
- Your mark is simply a common surname (“Singh Foods”, “Patel Retail”)
Why the Registry objects:
If everyone in your industry uses similar descriptive terms, your mark cannot serve its core purpose: to identify your specific business.
Example: If you file “FRESH JUICE” for a juice brand, the Registry will likely object because every juice company uses the word “fresh” in marketing.
How to fix it in 30 days:
Submit evidence that your mark has acquired distinctiveness through extensive use. This includes:
- Sales invoices and purchase orders showing use over time
- Media advertisements and press clippings mentioning your brand
- Social media screenshots and promotional materials
- Customer testimonials or market surveys showing brand recognition
- Google search results showing your brand is recognized
Even a previously descriptive mark can be registered if you prove it has become distinctive in the marketplace over time.
Deceptive or Misleading Nature (Section 9(2)(a))
The Registry refuses marks that deceive or mislead consumers about the actual nature, quality, geographical origin, or characteristics of your goods/services.
Common scenarios:
- “Silk Touch” for synthetic fabrics (implies silk when there is none)
- “European Collection” for a product made entirely in India
- “Organic Plus” for food containing pesticides
Why the Registry objects:
Such marks violate consumer protection principles and damage public trust.
How to fix it in 30 days:
Submit documentation proving your claims are truthful. For instance:
- Lab test certificates showing product composition
- Manufacturing certificates or origin documents
- Genuine usage evidence that consumers understand the true nature of your product
If the deception claim is unfounded, provide a legal argument explaining why the mark does not inherently suggest false qualities.
Similarity to Existing Trademarks (Section 11) – The Second Most Common Reason
The Registry compares your mark against existing registered trademarks to prevent consumer confusion. Your mark may be refused if it is:
- Identical to an existing registered mark for the same goods/services
- Confusingly similar visually, phonetically, or conceptually to another mark
- Deceptively similar to a well-known mark, even if your goods/services differ
Common examples:
- Filing “PEPPSI” when “Pepsi” already exists for beverages
- Filing “AMAZOON” when “Amazon” is registered for retail and tech
- Filing “MCDONALDS COFFEE” when McDonald’s owns “McDonald’s” across multiple classes
Why the Registry objects:
Allowing identical or similar marks creates confusion and dilutes the rights of the original trademark owner. Courts have repeatedly upheld this principle in India.
How to fix it in 30 days:
You have two options:
Option A: Provide a legal argument that your mark is visually, phonetically, or conceptually distinct from the existing mark. Include examples of how consumers would differentiate between the two marks.
Option B: Show that your mark and the existing mark are used for sufficiently different goods/services that consumer confusion is unlikely. Reference the Nice Classification system to strengthen your argument.
Option C (if applicable): Demonstrate prior use in good faith of your mark before the conflicting trademark was registered. Provide evidence like old invoices, website archives, or media coverage.
Marks with Prohibited Elements (Section 9(3))
The Registry refuses to register marks consisting exclusively of:
- Shapes resulting from the nature of the goods (e.g., the natural shape of a bottle)
- Shapes necessary to achieve a technical result (e.g., a particular gear design for functional purposes)
- Shapes that add substantial commercial or aesthetic value (e.g., a unique shape that is the primary selling point)
Example: You cannot register the distinctive bottle shape of Coca-Cola if that shape provides the main commercial value.
How to fix it in 30 days:
Argue that your shape does not fall into these categories. Submit evidence showing:
- Other competitors use different shapes for the same functional purpose
- Your shape is not essential to product functionality
- The shape is more about branding than commercial value
Offensive or Religious Sensitivities (Section 9(2)(b))
India’s trademark law specifically protects religious and cultural sentiments. Marks that are:
- Offensive to public morality
- Derogatory to religious symbols or sacred names
- Considered scandalous or obscene
will be refused.
Examples: Using deity names, religious symbols, or profane language in trademarks.
How to fix it in 30 days:
This objection is rarely overcomeable. However, if you believe the Registry’s interpretation is incorrect, you can:
- Provide legal arguments showing the mark is not inherently offensive
- Submit evidence of widespread use without public objection
- Argue that the mark has acquired a different, non-offensive meaning in commerce
The 30-Day Fix: Step-by-Step Process
Day 1-2: Understand the Exact Objection
Download and carefully read your Examination Report from the IP India portal. Identify:
- Which section the objection is under (Section 9 or Section 11?)
- The exact legal reasoning cited by the examiner
- Supporting precedents or examples mentioned
Day 3-7: Gather Evidence
Prepare documents proving your case:
- For distinctiveness: Sales records, invoices, advertisements, customer reviews
- For non-deception: Certificates, test reports, manufacturing documents
- For prior use: Old website archives, business registrations, contracts
- For differentiation: Visual comparisons, phonetic analysis, classification evidence
Day 8-20: Draft Your Reply
Structure your response:
- Formal header with application number and reference details
- Point-by-point rebuttal addressing each objection raised
- Legal arguments citing relevant case laws and precedents
- Supporting evidence as numbered annexures
- Formal closing requesting acceptance
Tone: Professional, factual, and legally sound. Avoid emotional arguments.
Day 21-28: File the Reply
Submit your response through the official IP India e-filing portal. Ensure:
- All documents are in PDF format
- File size complies with portal requirements
- You receive an acknowledgment receipt (important for proof)
Day 29-30: Maintain Record
Keep all submission documents and proof of filing. You’ll need these if the examiner schedules a show cause hearing.
What Happens After You File Your Reply?
Scenario A (Best Outcome): The examiner agrees with your arguments. Your application is accepted and published in the Trademark Journal. You then have 4 months to monitor for oppositions from competitors.
Scenario B (Common Outcome): The examiner wants more clarification. A show cause hearing is scheduled (usually 1-2 months advance notice). You present your case orally and answer the examiner’s questions.
Scenario C (Worst Outcome): The examiner remains unsatisfied. Your application is refused. You can then appeal to the Intellectual Property Appellate Board or refile with amendments.
Critical Do’s and Don’ts
Do:
- File your reply well before the 30-day deadline (not on day 30)
- Provide genuine, verifiable evidence
- Cite relevant case laws and precedents
- Address every objection, no matter how small
- Maintain professional, formal language
Don’t:
- Miss the 30-day deadline (your application becomes abandoned automatically)
- Ignore any objection—silence suggests weakness
- Provide fabricated or exaggerated evidence
- File a generic, copy-paste reply
- Argue emotionally instead of legally
When to Seek Professional Help
While you can file a reply yourself, consider hiring a trademark attorney or platform if:
- Your objection is complex (multiple grounds under Section 9 and 11)
- You lack evidence of use or distinctiveness
- Your mark is similar to a well-known brand
- You have limited familiarity with Indian trademark law
Platforms like TMZON specialize in handling trademark objections, drafting replies, and representing applicants before the Registry. Professional assistance significantly improves approval chances.
Conclusion: 30 Days Can Save Your Brand
A trademark objection is not a rejection—it’s an opportunity to strengthen your case. With proper understanding of the grounds, solid evidence, and timely filing, most objections can be overcome within 30 days.
The key is action. Download your Examination Report today, understand the specific objections, gather evidence, and file a strong reply before the deadline passes.
Your brand is too valuable to abandon because of a procedural deadline.
