Lavaka Fillings

5 Mistakes That Get Trademark ApplicationsRejected

Adv. Nisha Kapoor · 5 Aug 2026

From wrong class selection to generic names — the avoidable errors that delay brand protection by months.

The trademark registry rejects lakhs of applications every year, and most rejections are avoidable.

1. Choosing the wrong class. Nice classification has 45 classes. Filing in class 42 (software services) when your product belongs in class 9 (downloadable apps) is the most common error we see.

2. Using generic or descriptive names. 'Delhi Fresh Fruits' will face objections under Section 9. A distinctive, invented or arbitrary mark registers fastest.

3. Skipping the public search. A 10-minute search across the register saves 10 months of objection proceedings. Always search word marks AND device marks.

4. Poorly drafted specifications of goods/services. Vague wording invites objections; precise wording speeds examination.

5. Missing the Form TM-48 authorisation. An agent cannot file without it, and unsigned declarations delay the process.

A professionally filed application sails through examination in 4-6 months. A DIY filing with one of these mistakes can take 2+ years.

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