Top 5 Mistakes to Avoid in Class 17 Trademark Applications in India
Registering a trademark is one of the most important steps in protecting your business identity, especially if you’re a manufacturer or supplier of rubber, plastic, insulation materials, or flexible pipes. These goods fall under Trademark Class 17 in India, as per the Nice Classification System followed by the Indian Trademark Registry.
However, filing a trademark in Class 17 is not just about choosing the right class and submitting an application. Many businesses—especially small manufacturers and startups—make critical mistakes that lead to delays, rejections, legal objections, or even total loss of trademark rights.
In this guide, we’ll break down the most common mistakes businesses make when filing under Trademark Class 17, how to avoid them, and best practices to ensure your brand is legally protected.
📌 Quick Recap: What Is Trademark Class 17?
Trademark Class 17 includes:
“Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.”
✅ Examples of Class 17 Products:
- Rubber sheets and compounds
- PVC and plastic tubes
- Electrical insulation materials
- Foam sheets and soundproofing materials
- Rubber gaskets, seals, and hoses
- Flexible plastic pipes and industrial plastic films
🔍 Why Avoiding Mistakes Matters in Class 17
Unlike consumer-facing industries (fashion, food, etc.), Class 17 mostly includes industrial or semi-finished products. This makes trademark protection even more important because:
- Industrial competition is high.
- Products are often supplied in bulk or OEM format.
- Similar materials or shapes are commonly used across manufacturers.
- Legal conflicts in B2B supply chains can be costly.
Registering under the wrong class or making a careless error could allow competitors to copy or misuse your brand without consequences.
🚫 12 Common Mistakes to Avoid When Filing a Trademark Under Class 17 in India
Let’s explore the top mistakes and how you can avoid them during the registration process.
❌ 1. Choosing the Wrong Class
This is the #1 mistake businesses make. Just because your product involves plastic or rubber doesn’t automatically mean Class 17 is the right fit.
⚠️ Example:
You sell rubber mats for car interiors. This is a Class 27 product (floor coverings), not Class 17.
✅ Solution:
Always match your product based on use and end application, not material alone.
❌ 2. Using a Generic or Descriptive Name
Many businesses use names like:
- “Insulation World”
- “RubberTech”
- “Plastic Sheets India”
These are too generic and likely to be rejected. Trademark law prohibits registering names that merely describe the product.
✅ Solution:
Choose a distinctive, invented, or suggestive name that uniquely identifies your brand (e.g., “Neoflex”, “PolyNova”, “SilicGuard”).
❌ 3. Skipping the Trademark Search
Failing to conduct a trademark search before applying is a major blunder. You might end up choosing a name that is already:
- Registered by someone else
- Under objection
- Too similar to an existing brand
This leads to rejection or legal opposition.
✅ Solution:
Use the IP India Trademark Public Search Tool to check for:
- Similar names in Class 17
- Registered logos
- Objection history
❌ 4. Not Describing Goods Precisely
Vague product descriptions like “rubber goods” or “plastic products” are usually unacceptable. They can lead to:
- Clarification requests
- Delays in processing
- Objections during examination
✅ Solution:
Use specific product terms, such as:
- “Thermal insulation sheets made from rubber”
- “Flexible non-metallic plastic pipes for industrial use”
❌ 5. Ignoring Similar Marks in Other Classes
Even if a similar name isn’t in Class 17, it may exist in a related class, such as:
- Class 6: Metal pipes
- Class 19: Non-metal construction materials
- Class 35: Retail of rubber/plastic products
If the mark is too similar and used for related goods or services, your application can still face objections.
✅ Solution:
Check for similar marks in related classes, especially if your business could expand into those areas.
❌ 6. Filing in Only One Class (When You Need More)
Some businesses manufacture multiple products but register a trademark only under Class 17.
⚠️ Example:
You make:
- Rubber gaskets (Class 17)
- Rubber footwear soles (Class 25)
- Plastic food containers (Class 21)
Filing in just Class 17 leaves the other categories unprotected.
✅ Solution:
Go for multi-class registration to cover all your product types. This gives broader legal protection.
❌ 7. Not Checking for Phonetic Similarity
Your brand might sound like another trademark, even if it’s spelled differently.
⚠️ Example:
“SilicGuard” and “SilicGaurd” may be treated as phonetically identical.
✅ Solution:
Use the “Phonetic Search” option in the IP India portal to avoid sound-alike trademarks that can cause objections.
❌ 8. Submitting Incomplete or Incorrect Documents
Incorrect details in the application—like proprietor name, address, or product description—can lead to:
- Application rejection
- Delays in approval
- Legal ownership issues later
✅ Solution:
Double-check all details before submitting. Attach:
- Power of Attorney (if using an agent)
- Brand logo (if applicable)
- Proof of business (if claiming MSME/startup fee benefit)
❌ 9. Misusing the TM Symbol Before Filing
Many businesses start using the ™ symbol without even filing an application.
While it’s not illegal, it may:
- Mislead customers
- Be challenged by existing trademark owners
- Delay your brand’s credibility
✅ Solution:
Only use ™ if you’ve filed your trademark. Use ® only after registration is complete.
❌ 10. Delaying the Filing Process
Some businesses wait until they “grow bigger” before filing a trademark. The risk?
- Competitors may register a similar mark.
- Your branding investment could go to waste.
- You could lose legal rights to your brand.
✅ Solution:
Apply as early as possible—even at the startup or pre-launch stage.
❌ 11. Not Monitoring the Trademark After Filing
Once filed, many businesses forget to:
- Check the journal for objections
- Respond to examination reports
- Watch for opposition notices
This can lead to automatic abandonment.
✅ Solution:
Track your trademark using the application number. Hire a consultant to monitor progress and send timely replies.
❌ 12. Not Renewing Your Trademark
Trademark registration is valid for 10 years in India, and many businesses forget to renew it before expiry.
If you miss the renewal window:
- Your brand protection lapses
- Others may register a similar mark
✅ Solution:
Mark your renewal deadline and renew every 10 years without delay.
🧠 Pro Tips for Filing a Trademark Under Class 17
Here are a few expert suggestions to simplify your process:
Tip | Benefit |
Use a unique, non-descriptive brand name | Improves approval chances |
Conduct a full trademark search | Reduces risk of objection |
File in related classes if needed | Gives broader protection |
Keep documents ready and accurate | Prevents application rejection |
Hire a professional agency | Saves time and avoids mistakes |
👨💼 Why Work with VMK Professionals?
At VMK Professionals, we specialize in helping rubber, plastic, and insulation manufacturers register their trademarks under Class 17 without any hassle.
Here’s what we offer:
- Free trademark search in Class 17
- Professional drafting and filing
- Expert handling of objections and oppositions
- Timely updates and renewal tracking
Whether you’re a startup or an industrial leader, we ensure that your brand gets full legal protection and remains safe from infringement.
📞 Contact VMK Professionals Today
✅ Ready to register your brand under Trademark Class 17?
Let us help you avoid costly mistakes and secure your identity in the competitive industrial market.
📝 Final Thoughts
Filing a trademark under Class 17 in India is crucial for businesses dealing in rubber, plastic, insulation, and flexible non-metallic materials. But even small mistakes in class selection, product description, or document filing can lead to costly delays or rejection.
By learning from these common errors and following best practices, you can ensure your trademark journey is smooth, successful, and fully compliant.
Still have doubts? Contact VMK Professionals today for expert guidance on everything from trademark search to registration and beyond.