In today’s fast-moving business world, your brand name, logo, slogan, or packaging is not just a design; it is your identity. For many small businesses and startups in India, trademarks are among the first legal tools to protect what sets them apart from others. However, the trademark registration process, though seemingly simple, can be riddled with mistakes that cost money, time, and even the right to use your own brand.
This blog explores some of the most frequent mistakes people make when registering trademarks in India, along with practical tips to help you steer clear of these errors.
Trademark Registration Mistakes in India and How to Avoid Them?
1. Not Doing a Proper Trademark Search
A lot of people directly file the trademark without checking whether a similar name or logo already exists. They assume their idea is unique because they’ve never seen it before.
Why is this a problem?
If someone else has already registered or applied for a similar trademark, even with a different spelling or logo style, your application could be rejected. Worse, they might sue you for infringement.
How to fix it:
- Check the trademark at the IP India website to run a detailed search in the appropriate classes.
- Do not just search for exact matches; look for similar-sounding or looking names too at the portal.
- If you are unsure, consult a trademark expert or counsel to conduct a professional search.
2. Picking a Common or Descriptive Name
Choosing a name that is too common or generic or used in everyday life, such as names like “Pure Water” for a bottled water brand.
Why is this a problem?
Trademarks must be distinctive. Words that describe the product or its quality aren’t eligible for protection under Indian law. They’re also harder to enforce.
How to fix it:
- Choose inventive, unique, and creative names or unusual words that don’t directly describe the goods.
- Coined or made-up words such as “Zomato”, “OYO” are easier to get protection and enforce.
3. Filing under the Wrong Class
Trademarks in India are classified under 45 different groups, called classes, based on the type of goods or services. People often choose the wrong class or just one class when their business covers many areas.
Why this is a problem?
If your brand is registered in the wrong class, your mark will not be protected in your actual line of work. You may have to reapply and pay again.
How to fix it:
- Identify every class that relates to your products or services.
- Read the class descriptions or consult a professional.
- If your business grows (e.g., from clothing to accessories), file under multiple relevant classes.
4. Errors in the Applicant’s Name or Address
Many applicants make mistakes in their personal or business details, such as wrong spellings, outdated addresses, or incorrect legal entity names (e.g., filing as an individual when it’s a company).
Why this is a problem?
Adding incorrect details in the trademark application becomes part of the public records and is used in legal proceedings. If incorrect, it can create major hurdles later, especially during renewal, transfer, or enforcement.
How to fix it:
- Double-check names, spelling, and business structure before filing.
- Use the name as it appears in your PAN, GST, or incorporation certificate.
- If you are filing on behalf of a company, make sure that the company is legally incorporated in India and has a valid CIN number.
5. Misunderstanding “Use in India”
Some businesses wrongly claim their mark is already in use when it is not. Others hold back from filing until they actually launch their business.
Why this is a problem?
Filing incorrect usage information can lead to legal objections and allow others to sneak in and register your name before you.
How to fix it:
- If your brand has appeared on ads, websites, packaging, etc., state the actual date of first use.
- If you haven’t used it yet, file it as “proposed to be used“, which is completely valid.
- Keep evidence such as invoices, screenshots, and printed material to prove the prior use.
6. Ignoring Objections
After applying, you might get a notice from the Trademark Office raising objections. Many applicants ignore this or miss the response deadline. Similarly, third parties can oppose your trademark within 4 months of its publication.
Why this is a problem?
Not replying within the stipulated time shows the registry that you are not interested in registering your trademark, and thus, your application is abandoned automatically, even if you have strong legal grounds.
How to fix it:
- Keep checking your application status on the IP India website.
- Read any examination reports carefully and respond with facts and legal support.
- Hire a trademark lawyer to draft replies or handle oppositions professionally.
7. Launching the Brand Before Filing
A business prints packaging, builds a website, or opens a store without checking if the brand name is legally available.
Why this is a problem?
If someone else has a similar registered mark, they have all the legal rights to stop you from using it, demand compensation, and they can even file a suit against such wrongful use.
How to fix it:
- Always perform a trademark search before launching.
- File the trademark as early as possible, preferably before going public.
- Reserve your domain name and social media handles in line with your trademark.
8. Missing Trademark Renewal
We all know that the trademarks in India last for 10 years, but many businesses forget to renew them.
Why this is a problem?
Once your registration expires, protection of your brand name also ends. If someone else files for the same mark, you may lose exclusive rights or have to start over.
How to fix it:
- Set up reminders 6-12 months before your trademark expires.
- File for renewal within 6 months before the expiry.
- There is a grace period after expiry, but it involves late fees and paperwork.
9. Assuming Indian Registration Covers the World
Many Indian businesses assume that registering a trademark here gives them protection in other countries.
Why this is a problem?
Trademarks are territorial; your Indian registration means nothing in the USA, UK, or anywhere else unless you apply there too.
How to fix it:
- If you export or plan to expand, register trademarks in those countries.
- Consider filing through the Madrid Protocol, which lets you register in many countries using one application.
10. Not Monitoring Your Trademark Application
You register a trademark and then forget about it, assuming your rights are automatically protected. Not checking the status of your application works in the opposite way to grant trademark registration.
Why this is a problem?
Others might start using similar names or try to register confusingly similar trademarks. Over time, your brand’s uniqueness can be watered down or even lost.
How to fix it:
- Regularly search for new filings similar to yours.
- Monitor online platforms and marketplaces for infringers.
- Send cease-and-desist letters and file oppositions when necessary.
11. Trying to Do It All Yourself
To save costs, many people file their own applications using online portals or templates, without legal help.
Why this is a problem?
Trademark law involves a lot of technical details such as classification, documentation, replying to objections, etc. Small mistakes can cost you the entire application.
How to fix it:
- Consult an experienced trademark attorney or IP expert.
- Professionals understand the legal language, deadlines, and strategies needed to protect your mark long-term.
- The cost of legal advice is usually much lower than the cost of losing your trademark rights.
