Top 9 Reasons Class 9 Trademarks Get Rejected (And How to Avoid Them)
In the fast-paced world of electronics, software, and digital innovation, your brand name is more than just a label—it’s a competitive asset. If your business operates in the realm of tech gadgets, scientific instruments, mobile apps, or data processing systems, chances are your trademark falls under Trademark Class 9. While registering a trademark can secure your brand identity, many businesses face rejection due to preventable errors. Understanding the reasons behind these refusals can save you time, money, and frustration.
In this detailed guide, we’ll explore the most common reasons why Class 9 trademark applications get rejected in India and provide practical solutions to help you avoid these pitfalls.
What is Trademark Class 9?
Trademark Class 9 under the NICE classification system primarily includes:
- Scientific, nautical, surveying, photographic, cinematographic, and optical apparatus
- Weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments
- Apparatus and instruments for conducting, switching, transforming, accumulating, regulating, or controlling electricity
- Computers, software, and data processing equipment
- Fire-extinguishing apparatus
Popular products covered under Class 9 include:
- Mobile phones
- Laptops and tablets
- Computer software and apps
- Cameras and video recorders
- Eyewear (spectacles and sunglasses)
- Batteries, chargers, headphones, USB drives
Due to the broad range and ever-growing tech industry, Class 9 is one of the most crowded trademark classes. This increases the risk of conflict with existing trademarks and makes the registration process more stringent.
Why Are Trademarks in Class 9 Commonly Rejected?
1. Similarity to Existing Trademarks
❌ Problem:
One of the top reasons for rejection is that the applied mark is deceptively similar or identical to an existing registered trademark in Class 9. With so many tech brands in the market, even slight similarities can result in objection or rejection.
✅ Solution:
- Conduct a comprehensive trademark search on the IP India public search portal before applying.
- Avoid brand names that rhyme, look, or sound like well-known or registered trademarks.
- Work with a professional to analyze phonetic and visual similarities.
2. Lack of Distinctiveness
❌ Problem:
Trademarks that are too generic or descriptive (e.g., “Best Electronics,” “Digital Phone,” or “Fast Charger”) often get rejected because they don’t help uniquely identify the brand.
✅ Solution:
- Choose a name that is inventive, suggestive, or arbitrary, such as “Zebronics” or “OnePlus.”
- Avoid direct references to the function, quality, or purpose of the product.
3. Use of Prohibited or Offensive Terms
❌ Problem:
If your trademark contains obscene, vulgar, religiously sensitive, or prohibited words (like “Gandhi”, “National”, “President”) it will likely be rejected under Section 9 or Section 11 of the Trademarks Act, 1999.
✅ Solution:
- Stay away from names with religious or political connotations.
- Ensure your brand name does not violate public morality or decency.
4. Wrong Classification
❌ Problem:
If you file your trademark under the wrong class—say Class 7 instead of Class 9—it can lead to outright rejection or refusal to grant protection to the intended products.
✅ Solution:
- Carefully study the NICE classification or consult a trademark expert.
- Clearly list your core goods and services under Class 9 (e.g., “software for mobile devices,” “wireless routers”).
5. Incomplete or Incorrect Details
❌ Problem:
Simple clerical errors like spelling mistakes, incorrect applicant name, wrong address, or missing power of attorney can delay or even cancel your trademark application.
✅ Solution:
- Double-check all information before submission.
- If you’re filing through an agent or attorney, ensure they file Form TM-48 (authorization form) correctly.
6. False Claims of Use
❌ Problem:
Claiming “use since” dates inaccurately or providing false usage history can lead to legal issues or rejection if the Registrar suspects misrepresentation.
✅ Solution:
- Provide accurate details about the date of first use.
- If it’s a proposed-to-be-used mark, file it accordingly and start using it after filing.
7. Logo Design or Device Mark Conflicts
❌ Problem:
Sometimes your brand’s logo or device mark may conflict with another registered logo, even if the name is different. Trademark protection extends to graphic elements too.
✅ Solution:
- Search for image/logo conflicts through Vienna Code search.
- Consider a wordmark for broader protection if your design is too generic.
8. Not Responding to Examination Report (Objection)
❌ Problem:
If the Trademark Registry issues an Examination Report with objections and you fail to respond within 30 days, the application is automatically abandoned.
✅ Solution:
- Regularly track your application status on the IP India website.
- Submit a well-drafted reply within the stipulated timeframe.
9. Opposition from Third Parties
❌ Problem:
Even after the Registrar accepts your application, a third party can oppose it during the publication phase in the Trademark Journal. Common grounds include confusion with their existing trademark or bad faith.
✅ Solution:
- Perform a prior rights conflict check.
- Ensure that your mark is unique and not piggybacking on someone else’s reputation.
- Be ready to legally defend your mark if opposition is filed.
Pro Tips to Prevent Class 9 Trademark Rejection
- ✅ Use coined or invented names (e.g., “Techzilla” or “Nextron”).
- ✅ Hire a professional trademark consultant or attorney.
- ✅ Submit all required documents including Power of Attorney (TM-48), user affidavit (if applicable), and specimen of the mark.
- ✅ Keep all your application data consistent—company name, address, product list, and date of use.
- ✅ Keep a record of how and where the trademark is being used—product packaging, online platforms, advertising, etc.
What to Do If Your Trademark Gets Rejected?
If your Class 9 trademark application is rejected, you can:
- File a response to the Examination Report explaining how your trademark is different or distinctive.
- If the Registrar is still not satisfied, attend the Show Cause Hearing with proper documentation and legal reasoning.
- In case of final rejection, consider filing an appeal to the Intellectual Property Appellate Board (IPAB).
Conclusion
Trademark Class 9 is crucial for businesses in electronics, software, and technology domains. However, due to the large number of players and similar-looking brands in the market, the risk of rejection is significantly higher in this class. The good news? Most rejections are avoidable with the right guidance and due diligence.
By conducting a detailed trademark search, choosing a unique brand name, and avoiding technical errors in your application, you can greatly increase the chances of successfully registering your trademark under Class 9.
About VMK Professionals
At VMK Professionals, we specialize in end-to-end trademark registration services, including Class 9 applications for businesses in tech, electronics, and software sectors. Our team conducts thorough trademark availability searches, handles documentation, responds to objections, and ensures your brand gets protected without delays or errors. Whether you’re a startup launching a mobile app or a hardware manufacturer expanding your reach, we help you safeguard your brand identity with precision and speed.
✅ Pan-India Service
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📞 Contact us today to secure your brand under Class 9. Let’s make your tech brand legally untouchable!
