Whether you’re an entrepreneur, influencer, artist, or small business owner, protecting your brand is essential — and for many, that begins with registering their name as a trademark. However, not every name is eligible for trademark protection. The Registrar of Trademarks in India can refuse an application based on several legal and procedural grounds.
In this blog, we’ll explore why your name might be denied trademark status, the key grounds for refusal, and how to avoid these pitfalls — especially if you’re seeking trademark registration in Delhi or going through the trademark registration online in Delhi route.
What Is a Trademark?
A trademark is a recognizable sign, name, logo, or expression that distinguishes goods or services of a business from others. Names, if used as brands, can be trademarked — but only under certain conditions.
Grounds for Refusal of Trademark Registration
The Indian Trade Marks Act, 1999 outlines absolute and relative grounds on which a trademark — including names — can be refused:
1. Lack of Distinctiveness
If the name is too generic, common, or descriptive, it may be denied. For example, trying to trademark a name like “Best Bakery” or “Fresh Juice” may not pass because it doesn’t uniquely identify a brand.
➡️ Tip: Add creative elements or stylized designs to increase distinctiveness before applying for trademark registration in Delhi.
2. Similarity to Existing Trademarks
If your name is identical or deceptively similar to an already registered trademark, it will likely be refused. This is especially critical if the existing mark is in the same class of goods or services.
➡️ Before you file for trademark registration online in Delhi, conduct a thorough trademark search through the official IP India portal or consult with a trademark expert.
3. Use of Personal Names Without Consent
Using someone else’s personal name, especially that of a public figure, without permission can be refused. Even your own name can be rejected if it lacks acquired distinctiveness or has become too generic.
➡️ Pro tip: Prove continuous commercial use or public recognition of your name to strengthen your case during trademark registration Delhi.
4. Offensive or Misleading Names
Any name that is obscene, misleading, or contrary to public morality can be rejected by the Registrar.
➡️ Ensure that your brand name reflects professionalism and doesn’t violate any legal or cultural norms.
5. Prohibited Emblems or Symbols
Names that include emblems of national importance, government insignia, or names restricted by law cannot be trademarked.
➡️ Avoid using government names, international flags, or names like “PM India” unless authorized.
How to Improve Your Chances of Approval
- Conduct a Trademark Search: Avoid duplication or conflicts.
- Choose a Unique and Distinctive Name: Add invented words, initials, or stylized elements.
- Document Prior Use: Submit evidence of continuous use, brand recognition, and media mentions.
- Hire a Consultant: Professionals can help navigate the complex rules of trademark registration in Delhi.
Trademark Registration Cost in Delhi
The trademark registration cost in Delhi depends on the applicant type and filing mode:
| Applicant Type | Filing Method | Cost (per class) |
|---|---|---|
| Individual/Startup/SME | Online | ₹4,500 |
| Company/Organization | Online | ₹9,000 |
| Physical Filing (All) | Offline | ₹5,000–₹10,000 |
Filing trademark registration online in Delhi is faster, more cost-effective, and gives real-time tracking of the application status.
Documents Required for Name Trademark
- Identity & Address proof of the applicant
- Logo or name to be trademarked
- Proof of business (GST, MSME, etc.)
- Signed Form TM-48 (authorization to trademark agent, if applicable)
- Proof of prior use (optional but helpful)
Final Thoughts
While registering your name as a trademark is a powerful move toward brand protection, it’s not always guaranteed. Understanding the grounds for refusal and following best practices can save you time, money, and effort.
If you’re based in the capital and looking for professional help, many specialists assist with trademark registration in Delhi, helping you navigate compliance and manage the trademark registration cost in Delhi effectively.
Before you hit ‘submit’ on your application, make sure your name is legally sound and truly brandable.
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