Introduction
Filing a trademark is one of the most important steps for brand protection. However, many applicants — even professionals — unknowingly make costly mistakes during the process. This blog highlights the top 7 common mistakes and how to avoid them while filing a trademark application in India.
⚠️ 1. Not Conducting a Trademark Search
Before applying, many skip the preliminary search on the IPIndia Trademark Database.
➡️ Result: Objection or rejection due to similarity with an existing mark.
✅ Always search before you file.
📝 2. Using Descriptive or Generic Terms
Marks like "Best Rice" or "Cool Water" are often not eligible for registration.
✅ Choose a unique, creative, and non-descriptive name.
🚫 3. Choosing the Wrong Trademark Class
India follows the Nice Classification (45 Classes). Filing in the wrong class means your trademark won't protect your actual business type.
✅ Consult an expert or refer to the official classification guide.
⌛ 4. Delay in Filing
If you delay, someone else may apply before you.
✅ File as early as possible — even at the idea stage.
📂 5. Incomplete Documentation
Missing Power of Attorney (Form TM-48), incorrect applicant name, or lack of address proof can delay or cancel your application.
✅ Double-check all documents before uploading.
❌ 6. Ignoring Examiner's Objections
After filing, many fail to respond to examination reports or legal objections within 30 days.
✅ Track your application regularly and reply professionally.
🔄 7. Believing Registration is Permanent
Trademark rights in India are valid for 10 years, renewable indefinitely.
✅ Renew before expiry to retain exclusive rights.
