Top 5 Reasons Why Class 8 Trademarks Are Rejected in India (2025 Guide)
In the world of branding, securing your trademark under the correct class is not just important—it’s essential. For hand tools, cutlery, razors, and similar goods, Trademark Class 8 is the designated category. But many business owners dive into trademark registration without understanding the common pitfalls that can lead to rejection. Getting your trademark rejected wastes both time and money, and can delay your brand’s growth. Knowing what can go wrong—and how to fix or avoid it—gives your application a better chance of approval the first time.
This guide dives deep into the five most common reasons why Class 8 trademark applications get rejected, and most importantly, how you can avoid making these mistakes. Whether you’re registering a brand of knives, garden tools, or other Class 8 products, this blog will help you stay prepared.
What is Trademark Class 8?
Before jumping into the rejections, it’s important to understand what Class 8 covers. Under the NICE classification system used in India and globally, Trademark Class 8 includes:
- Hand tools and implements (manually operated)
- Cutlery, forks, and spoons
- Razors
- Agricultural tools (hand-operated)
- Nail clippers, hair clippers (manual)
- Scissors, pliers, wrenches, and similar manual tools
So, if your business deals with any of the above, you must apply under Class 8 to ensure proper legal protection.
Reason 1: Using a Generic or Descriptive Brand Name
One of the most common reasons for rejection is filing a trademark that is too generic or descriptive. For example, if you try to register a name like “Sharp Knife Co.” for kitchen knives, your application might be rejected because the name simply describes the product and does not create a distinct brand identity.
✅ How to Avoid It:
Choose a brand name that is unique, creative, and non-descriptive. Made-up or coined words tend to get approved more easily. Think about successful brands like “Gillette” or “Victorinox”—they don’t directly describe the product but still build a strong identity.
Reason 2: Similarity with Existing Trademarks
If your trademark closely resembles an already registered trademark—visually, phonetically, or in meaning—it may be rejected. This is to protect consumers from being confused between two similar-looking brands.
✅ How to Avoid It:
Always conduct a comprehensive trademark search before applying. You can do this on the IP India Public Search portal or consult a professional. Look for similar names, logos, spellings, or pronunciations.
Reason 3: Incorrect Class Selection
Another major mistake is filing under the wrong trademark class, which often leads to rejection or a trademark that doesn’t protect your actual product. For instance, if you manufacture razors and mistakenly file under Class 3 (which covers cosmetics), your mark won’t cover your core business, and it could get rejected or leave you unprotected.
✅ How to Avoid It:
Understand your product offering clearly and cross-check the class definitions. If you deal in manually operated hand tools, cutlery, or razors, Class 8 is the correct class. Consult a trademark expert if you’re unsure about your classification.
Reason 4: Filing with Incomplete or Incorrect Documentation
Many applications are rejected simply because they are missing required documents or contain incorrect information. This includes errors in the proprietor’s name, unclear trademark images, or missing Power of Attorney (Form TM-48) when applying through an agent.
✅ How to Avoid It:
Double-check that you have:
- Trademark image/logo (in high resolution if applying for a logo)
- Details of the applicant
- Nature of the business
- Form TM-48 if applying via an agent
- Correct fee payment
Always review your application before submission or have a professional file it for you.
Reason 5: Trademark Lacks Distinctiveness
Even if your brand name is not generic, it may still lack distinctiveness in the eyes of the examiner. For example, if your mark is a basic shape, common English word, or an industry-standard term, the examiner may feel it doesn’t stand out from other marks in the field.
✅ How to Avoid It:
When choosing a brand name or logo, ask yourself:
- Is it unique in my industry?
- Does it carry a creative twist or design element?
- Is there a strong emotional or visual appeal?
Adding visual creativity to your logo, or coining a new word or phrase, increases your chances of getting approved under Class 8.
Other Factors to Keep in Mind
Apart from the five main reasons, here are some additional tips:
- Avoid religious symbols or national emblems, as these are prohibited from trademark registration in India.
- Keep your trademark updated and respond to examination reports on time.
- Monitor your trademark regularly to prevent misuse by others, especially once your mark is approved and published.
What Happens if Your Class 8 Trademark is Rejected?
If your application is rejected, you will receive an Examination Report stating the reasons. You have a chance to respond to this by filing a reply with clarifications or evidence.
In case the response is not satisfactory, you may be asked to attend a hearing before the trademark officer. If your arguments are still not accepted, the mark will be refused. You can then either file an appeal or revise your trademark application.
How to Ensure a Smooth Registration Process?
Here are a few steps you can follow to ensure your Class 8 trademark is registered without hassles:
- Conduct a trademark availability search in Class 8 before choosing your brand name.
- Ensure your mark is distinctive and not descriptive or generic.
- Choose the right class (Class 8) based on your product line.
- File the application with accurate information and complete documents.
- Work with a trademark consultant or agency for professional guidance.
Final Thoughts
Trademark registration is a critical part of brand protection, especially for businesses dealing in hand tools, cutlery, razors, and manual machines. Understanding the common rejection reasons under Class 8 and proactively avoiding them helps ensure a smoother registration experience and quicker brand protection.
Whether you’re a startup or an established manufacturing unit, being strategic about your trademark filing saves you money and protects your brand identity from being copied or misused.
About VMK Professionals
At VMK Professionals, we specialize in helping businesses across India navigate the trademark registration process with ease. From choosing the correct class and conducting a trademark search to handling objections and securing final approval—we’ve got you covered. Our expert legal team ensures that your Class 8 trademark registration is done right the first time.
Services we offer include:
- Trademark Search & Classification
- Class 8 Trademark Registration
- Responding to Examination Reports
- Trademark Objection Handling
- Full Legal & Compliance Support
Ready to protect your brand? Contact VMK Professionals today and secure your trademark with confidence.