When Can a Trademark Application be rejected

Trademark registration is a long process, however, registering the same as one of the most important benefits that is it prevents the owner of the trademark from preventing any third party from unauthorized use of that mark.

There are much reasons because of which trademark application can be rejected, the reasons are as follows:

1. Generic Terms: Commonly used words which are used generally cannot be trademarked. As that common word is used by all the players in the market so an exclusive right cannot be given to a particular person.
2. Descriptive term: Words that are used to describe a product or services cannot be filed for registering it as a trademark as it is a descriptive term. If a particular person is allowed to use that word it would be unfair to other persons in the market. Hence such descriptive term cannot be trademarked. Any qualitative or praise term cannot be trademarked unless it is a distinctive mark.
3. Deceptive Trademark: Deceptive Trademark is that mark which may mislead or confuse the existing public in relation to mark, origin, and nature of goods.
4. Offensive term: Any trademark that contains those words which are offensive or are contrary to public morality cannot be registered. Words that are offensive or which violate commonly accepted norms cannot be registered as a trademark.
5. Marks similar to Existing Trademark: The examiner may also reject the application for trademark registration if he is of the view that the proposed mark is similar to the existing mark and which would likely to confuse the existing public. Hence any identifying mark or mark which is too similar will not be allowed to be registered.
6. Official Marks: All those trademarks which contain official name, official hallmark, flag, armorial bearing or emblem of any state or international organization cannot be registered as a trademark as they are protected under National Regulations.

Words that hurt religious sentiments of Citizen of India: Any word that hurts or offends the religious sentiments of the entire community will not be allowed to be registered as a trademark.