What can be the Reasons for Rejection of Trademark Applications?
‘ For effective brand build up just make up to focus on getting priority recognition to your business product. ‘
Trademark applications are on a rise these days. Getting your business name in the priority list with only a unique name or design is not sufficient; keeping it under a registered authority is a must requirement.
Registration to trademark is not only a regulatory requirement of business but it is also known as the best suggestive measure to adopt to safeguard your business interest .It allows prevention against privacy infringement and other business identity misconceptions. To register a trademark in India one has to follow a basic registration procedure which probably last to around 10 to 12 months. (Might be delayed depending on government & registration preferences).
However, registration is not a matter to be taken in simple words, being a regulatory requirement there exist certain grounds which might result in cancellation or rejection to your new trademark application. So before you go for a new trademark, make sure your application goes through below quality hurdles:
- General Words: Trademarks which directly visualises the actual business idea or related product activity are likely to get rejected because of the general terms used and their non innovative nature. For example:- A car manufacturer applied to register for a brand name as ‘SACHIN CAR MANUFACTURING UNITS’ which have greater chances to get rejected under descriptive marks and usage of general term criteria as it specifies the purpose of business as such.
- Offensive strings : Trademarks showing a ‘relative’ presence to a particular religion , caste ,community or group shall get rejected if they seem to be offensive in eyes of registrar to people directly or indirectly, proposing to hurt sentiments of a group or favouring a community.
- Confusing or No Individual Character : Until a mark distinguishes your business motives and the ultimate product you provide, from that of your competitors their is no such benefit of spending huge chunks on intellectual rights. The trademark as presented to registrar should be well unique and creative. To specify a unique character to your mark , research for a unique route to begin with. For a start, you can initiate by making in-depth study of marks as registered by your competitors and can make comparison of it with yours.
- Misleading Connections : If your trademarks by anyhow show relative connection with any person who grounded belief of society, prompted for fraud or any organisation blacklisted for disbelieves and breach of contracts or as an inferior in government records . Then your applications might be at a priority list of getting rejected ..Trust me !
- Patriotic Resemblance : It is advisable to not to make use of any official term, emblem, symbol, character which directly or indirectly relate to any legal authority as a partner or as a beneficiary in the proposed organisation . For example making use of national emblem , flag , animal image, patriotic music. These never affirms for acceptance of registrar.
- Scandalous and Repulsive Terms : Making an application over marks which represent a scandalous format of business like in name of ‘HardPlay Movies’ one making business of pirated movies etc . Thus making use of language or slang which ties to pornography , misleading terms , repulsive or provoking actions might delay your trademark application with further rejections.
Q. Can a business be operated with a rejected trademark in India ?
As there is no legal compulsion to hold trademarks in India, but not seeking to its benefits might result to :
- Takeaway of your right to claim against intellectual right violation .
- Negative affect on business presence in market .
Q. What if my trademark applied gets rejected in first attempt ?
Once you get the rejection confirmation, if you are a beginner then it is advisable to go for consultation of a legal professional to reattempt the trademark delivery to department . He will counter the possible changes required in your trademark and will resubmit it for approval.
Q. Can a registered trademark be amended at later date?
Yes as per Section 22, a filed mark can be amended if a substantial change is required in its format or characters, or some other amendment is required to be done as per prescribed format.
Also Read : Can a Domain Name Be Trademarked?