Campbell Steven 
A great brand starts with a name, but even clever ideas can face hurdles with trademark registration. Rejections usually happen not because the brand is weak, but because the filing isn’t done properly. Missing documents, wrong classifications, or lack of research are simple mistakes that can slow everything down.
The best part? A clear strategy, proper preparation, and professional guidance make trademark registration smooth and stress-free. Getting it right early keeps your brand safe and avoids future disputes or extra costs.
Why Trademark Rejections Happen More Often Than You Think
If you’ve ever reviewed the trademark journal, you’ll notice frequent objections and refusals. The Registry simply follows rules designed to avoid consumer confusion and prevent anyone from monopolising common or descriptive words.
Many applications run into common problems: rushed name choices, misclassification, incomplete paperwork, or skipping a detailed search for similar trademarks. The positive part? These mistakes are easy to prevent with a careful approach.
Let’s break down smart, practical tips that help you steer clear of common rejection grounds.
1. Run A Thoughtful Trademark Search—Not Just A Quick One
Many first-time applicants rely on a superficial search or skip it entirely. The consequence is almost always an objection under Section 11 (similar or identical marks).
A smart search involves:
- Looking for phonetic similarities
- Checking visual similarities
- Reviewing trademarks in the same and related classes
- Considering meaning or conceptual overlap
2. Avoid Descriptive Or Generic Words
The Registry routinely rejects marks that directly describe goods or services—words like “Fresh Bakery,” “Premium Quality,” or “Online Services.” These terms don’t create distinctiveness and are open for everyone to use.
A better approach is to:
- Coin a unique word (invented marks are easiest to register)
- Blend words creatively
- Add an element of inherent distinctiveness
For instance, instead of “Herbal Soap Store,” a coined name like “Herbique” carries brand identity while staying compliant.
3. Pick The Right Trademark Class And Don’t Overlook Related Ones
Incorrect classification is a silent cause of rejection. Entrepreneurs sometimes pick a class based solely on a quick Google reference, not realizing that trademarks are approved based on their actual use.
Two things matter here:
- The correct class for your primary goods/services
- Related classes if your brand naturally overlaps
For example, a skincare brand may need Class 3 (cosmetics) but might also need Class 35 for online retail services, depending on how they operate. Misclassification or missing classes leads to unwanted objections and delays.
4. Ensure Your Trademark Application Documents Are Complete
Documentation seems simple on the surface, yet it creates issues more often than expected. Missing proof of use, incorrect Power of Attorney, or mismatched details between the application and the applicant’s identity can all trigger technical objections.
A good hygiene checklist includes:
- Applicant’s correct name and legal status
- Properly executed authorisation documents
- Clean, high-quality trademark logo (if filing a device mark)
- Clear description of goods/services
Think of this as housekeeping—small errors here cause big slowdowns later.
5. Be Careful With Surnames, Geographical Names, And Common Phrases
The law restricts exclusive rights over common surnames (e.g., “Sharma Textiles”), geographic names (“Goa Cashews”), and everyday phrases (“Best Choice”).
If you must use them, make sure:
- The mark is combined with a distinctive element
- The overall impression is unique and not purely descriptive
For example, “Sharma & Sons” may struggle, but “Sharmario” or “SharmaCraft” has a better chance because it transforms the root word into something distinctive.
6. Think Ahead About Objections—They Are Part Of The Process
Even the most carefully planned trademark application may receive an objection. This isn’t a rejection; it’s an opportunity to clarify and argue your case.
Strong responses usually:
- Cite legal precedents
- Demonstrate distinctiveness through evidence
- Explain why the mark doesn’t confuse consumers
- Highlight differences from cited marks
Most rejections happen because applicants either ignore the examination report or submit a weak response. Timely, well-reasoned replies make a substantial difference.
7. Keep An Eye On Similar Pending Trademarks
A trademark may be rejected if a similar pending mark moves ahead in the process. Many applicants don’t track status changes after filing.
A simple habit—checking your application status every few weeks—helps you respond promptly to updates, hearings, or new publications that may influence your case.
Secure Your Brand With The Right Approach
Trademark registration isn’t only about filing an application. It’s about planning, being clear, and keeping proper records. When founders take a little time to understand the steps, they avoid most rejections. With online trademark registration becoming easier, doing it right today can save you from rebranding headaches and legal issues in the future.
Ready to file? An online legal tech platform such as LegalWiz simplifies your online trademark registration journey, from documentation to submission, so you can focus on growing your brand.
