Top Reasons Why Class 9 Trademarks Get Rejected (And How to Prevent It)
Trademark Class 9 covers a vast array of modern and essential products like electronics, software, and digital tools. If your business is part of this competitive space, protecting your brand through trademark registration is critical. However, many businesses make avoidable mistakes during the application process, leading to rejection. These rejections not only delay brand protection but can also harm your company’s credibility and plans for expansion. Understanding the common pitfalls in Class 9 trademark applications—and how to steer clear of them—can save you time, money, and legal stress.
In this detailed guide, we’ll walk you through the top reasons why Class 9 trademark applications get rejected in India and provide actionable tips to ensure your application succeeds.
Understanding Trademark Class 9
Before diving into the mistakes, let’s quickly understand what Trademark Class 9 covers under the Nice Classification system:
Class 9 includes:
- Computers and computer software
- Mobile apps and downloadable digital content
- Scientific, nautical, surveying, photographic, and cinematographic instruments
- Audio and video equipment
- Electronic publications
- Eyewear, spectacles, sunglasses
- Batteries, chargers, and power supplies
- Fire-extinguishing apparatus
- Electric switches, wires, and data processing equipment
- Smart devices and IoT products
This class is especially important for businesses in the tech, electronics, and digital service sectors.
Why Class 9 Trademark Applications Get Rejected
Let’s now explore the most common reasons for trademark rejection in Class 9 and how you can avoid them:
1. Lack of Distinctiveness
Problem:
One of the primary reasons trademarks are rejected is because the name, logo, or mark is not distinctive. Generic or descriptive names like “Best Software” or “Mobile App Pro” may not qualify for registration.
Why It Matters for Class 9:
Since this class includes technical and digital products, many businesses unintentionally choose overly descriptive names that explain the function instead of creating a unique identity.
How to Avoid:
- Choose inventive, coined words or suggestive names.
- Avoid using generic industry terms in isolation.
- Conduct a basic search to ensure your name stands out in the same class.
2. Similarity to Existing Trademarks
Problem:
If your proposed trademark is too similar to an existing registered or applied trademark in Class 9, it may be rejected on the grounds of likelihood of confusion.
How It Affects You:
Even if you didn’t copy an existing name intentionally, the Trademark Registry checks for phonetic, visual, and conceptual similarities.
How to Avoid:
- Conduct a thorough trademark search before filing. Use:
- IP India Public Search Tool
- Consult experts to analyze phonetic and conceptual overlaps.
- Make small but meaningful changes to distinguish your mark.
3. Incorrect Class Selection
Problem:
Many applicants mistakenly file under the wrong class or only choose one class when their product spans multiple classes.
Example:
A company selling downloadable software (Class 9) and providing installation services (Class 42) may apply only under Class 9.
How to Avoid:
- Understand your product and service offerings clearly.
- If in doubt, consult a trademark professional to select all relevant classes.
- File a multi-class application if needed.
4. Improper Description of Goods
Problem:
An unclear or overly broad description of goods in your application can lead to objection.
Why It’s Crucial:
The Trademark Registry needs a clear understanding of what your product is and how it’s used. Vague descriptions can cause delays or rejections.
How to Avoid:
- Use precise terms from the WIPO or IP India classification database.
- Examples of clear descriptions for Class 9:
- “Downloadable mobile applications for financial management”
- “Computer software for educational purposes”
5. Use of Prohibited or Offensive Terms
Problem:
Trademarks that include offensive, religious, obscene, or prohibited terms are automatically rejected under Section 9 and Section 11 of the Trade Marks Act, 1999.
Example:
Names that contain “Government,” “PM,” “India,” “GOD,” or disrespectful terms can be outright rejected.
How to Avoid:
- Stay clear of national emblems, flags, religious icons, or sensitive political terms.
- Do not use misleading claims like “Certified,” “ISO Approved,” etc.
6. False Claim of Use
Problem:
Claiming prior use of the trademark without proper evidence can lead to rejection.
Why It’s Risky:
The Trademark Office may ask for proof of usage like invoices, website screenshots, promotional materials, or packaging—especially if you claim use before the date of filing.
How to Avoid:
- If the trademark is genuinely new, file as a “proposed to be used” mark.
- Only claim prior use if you have solid evidence to support it.
7. Improper Filing Process
Problem:
Incorrect documentation, missing signatures, improper applicant details, or uploading the wrong mark/logo can lead to rejection or delay.
Common Mistakes:
- Submitting wrong class in e-filing portal
- Not uploading power of attorney when required
- Inconsistent applicant name in documents
How to Avoid:
- Double-check your application and supporting documents.
- Get your application reviewed by a trademark expert.
- Make sure your logo file is in JPG format under 2 MB.
Tips to Strengthen Your Class 9 Trademark Application
Now that you know what not to do, here’s what you should do:
- Do a Trademark Search – This is the first and most crucial step before filing.
- Craft a Unique Brand Name – Avoid descriptive, generic, or already used words.
- Hire a Trademark Professional – They help you navigate legal complexities and ensure your application is solid.
- Choose the Right Class(es) – Class 9 for electronic goods, and possibly Class 42 for services.
- Provide Supporting Evidence – Especially if you are claiming prior use.
- Follow Up Diligently – Keep track of application status and respond promptly to examination reports or objections.
What Happens if Your Class 9 Trademark is Rejected?
If your application is rejected or objected to by the trademark examiner:
- You’ll receive an Examination Report with reasons.
- You must reply to the objections within 30 days.
- If unsatisfied, the Registry may schedule a hearing.
- You can still appeal to the Intellectual Property Appellate Board (IPAB).
But prevention is better than cure—careful filing avoids all this.
Real-World Example
Let’s say you’re launching a mobile app named “SmartPay” that helps users manage daily expenses. If you apply under Class 9 but the term “SmartPay” is already registered by a fintech firm, your application may be rejected due to similarity.
However, had you done a proper search, you might’ve chosen “SmartPesa” or “FinPocket”—names that are distinct yet suggestive. This could have avoided rejection and given your brand a unique identity.
Conclusion
Trademark Class 9 is one of the most competitive and active classes due to the rise of digital and electronic products. While filing a trademark is a major step in brand protection, it comes with several pitfalls that can lead to rejection if not handled carefully. By understanding the common mistakes—like choosing a generic name, ignoring existing trademarks, or filing improperly—you can ensure that your application proceeds smoothly and gets approved.
Whether you’re a startup launching a new app or an established tech brand releasing smart devices, taking trademark registration seriously is essential to secure your brand identity.
About VMK Professionals
At VMK Professionals, we specialize in helping businesses across India navigate the complexities of trademark registration, especially for competitive categories like Class 9. Our expert legal team ensures that your application is properly filed, searched, and defended if objections arise. From startups to large tech enterprises, we’ve helped hundreds of businesses safeguard their brand identity with speed and precision.
Ready to register your Class 9 trademark without stress?
Get in touch with VMK Professionals today and protect what matters most—your brand.
