Common Mistakes in Trademark Filing in India

Filing a trademark in India is an important step in protecting your business identity. But even a small mistake in the process can delay your trademark registration or worse, cost you the exclusive rights to your brand. This article highlights about some of the Common Mistakes in Trademark Filing people make when applying for a trademark registration in India and how you can avoid them.

1. Filing Without Legal Guidance

Many businesses try to file their trademark registration applications without professional trademark attorneys. While it may seem simple, Indian trademark law involves technicalities that most people aren’t aware of. Errors in forms, choosing the wrong trademark class, or failing to respond to trademark objections can cause rejection or long delays. This is 1st Common Mistakes in Trademark Filing.

Tip: Always consult a licensed advocate or registered trademark attorney who understands Indian trademark law. Avoid agents or consultants who cannot show proof of their legal qualification or registration with the Indian Trade Marks Registry.

LegalMate India is a law firm run by qualified advocates. We are registered with the Trade Marks Registry (IP India) and have filed more than 10,000 trademarks in India and for clients from countries like the UAE. Big companies trust LegalMate because of our legal strength and experience.

2. Trusting Unverified Agents or Agencies

The internet is full of platforms offering cheap trademark filing services. Many of these operate without licensed professionals. They may not help you in case of objections or legal hearings.

Before hiring anyone:

• Ask if they are a registered advocate or authorized trademark agent.

• Request documentary proof of their credentials.

• Check if they are listed on the official IP India website.

Note: Filing through unauthorized agents can result in legal complications.

also read : Patent vs Copyright vs Trademark

3. Filing Under the Wrong Trademark Class

Each product or service in India must be filed under the correct trademark class (out of 45 classes). Filing under the wrong class will not give you proper protection.

For example, if you sell herbal shampoo but file under Class 35 (marketing), your brand remains unprotected in Class 3, which is for cosmetics. This is the popular Common Mistakes in Trademark Filing in India.

Tip: Refer to the Trademark Class List in India or consult a legal expert to select the right class (or multiple classes if needed).

4. Skipping the Trademark Search

Many applicants directly file a trademark application without proper trademark search whether a similar or identical name is already registered.

This often leads to:

• Objections by the registry

• Opposition by other trademark holders

• Rejection of the application

Tip: Always conduct a trademark search on the IP India website or through a legal professional before applying.

5. Using Generic or Descriptive Names

Names like “Best Tea” or “Super Paint” may sound attractive, but they are usually rejected. Descriptive or generic names lack distinctiveness and are difficult to register.

Tip: Choose names that are unique, creative, and not directly related to your product’s features or category.

6. Filing the Trademark Yourself

Filing the trademark yourself may seem like a way to save money, but it can cost you in the long run. Government portals do not guide you through:

• Legal terminology

• Replying to objections

• Drafting proper user affidavits

• Avoiding duplicate filings

Tip: Filing should be done with proper legal consultation to avoid technical and procedural errors.

Comparison Chart: Self-Filing vs Filing with Attorney

7. Not Monitoring the Trademark Application After Filing

Once filed, your responsibility doesn’t end there. Many applicants forget to:

• Check the status regularly

• Respond to examination reports or show-cause notices

• Oppose similar trademarks filed later

Tip: Keep track of your application and be proactive in protecting your brand after registration.

8. Missing the Trademark Renewal Deadline

Trademarks in India are valid for 10 years and must be renewed on time. Many businesses forget this and end up losing protection.

Tip: Set reminders or engage a professional service that monitors and notifies you about renewals.

How to Make Sure You File It Right

• Work with professionals registered with IP India

• Ask for proof of qualification and registration

• Conduct a pre-filing search

• Select the correct trademark class

• Use a distinctive brand name

• Avoid “too cheap to be true” filing offers from unknown online agencies