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Top Reasons Why Class 12 Trademarks Get Rejected (And How to Prevent It)

    Registering a trademark in Class 12, which covers vehicles and transport equipment, is a powerful step toward protecting your automotive brand. Whether you’re manufacturing cars, electric vehicles, parts, or machinery, securing your identity legally gives you exclusive rights and shields your business from copycats.

    But here’s the reality: many applications get rejected due to avoidable mistakes. Understanding why trademarks get rejected in Class 12 can save you time, money, and legal headaches. In this guide, we’ll cover the most common reasons for rejection—and more importantly, how to avoid them.


    🚗 What is Trademark Class 12?

    Before we dive into rejection reasons, let’s quickly understand Class 12.

    Trademark Class 12 includes:

    • Automobiles, motorcycles, trucks, buses
    • Electric vehicles (EVs), cycles, and scooters
    • Vehicle parts like engines, brakes, and transmissions
    • Railcars, boats, drones, and their components

    If your business operates in the automotive or transport equipment industry, you’ll need to file your trademark under Class 12.


    🔍 Why Do Trademarks Get Rejected?

    Not every trademark that’s filed is approved. In India, more than 35% of trademark applications face objections—many in Class 12.

    Here are the most common reasons your Class 12 trademark may be rejected:


    ❌ 1. Similar or Identical Existing Trademark

    Explanation:
    One of the top reasons for rejection is when the mark you apply for is identical or deceptively similar to an already registered trademark in Class 12.

    Example:
    You apply for “ZoomAuto,” but “ZoomAuto Motors” is already a registered trademark for two-wheelers. Your mark could get objected to or opposed.

    How to Avoid:

    • Use the official search tool at ipindia.gov.in
    • Check both wordmarks and phonetic similarities
    • Search using alternate spellings (e.g., “Autoz” vs. “Autos”)
    • Conduct a professional trademark search for thorough analysis

    ❌ 2. Descriptive or Generic Words

    Explanation:
    A trademark that merely describes the goods (like “Fast Car” or “Vehicle Parts”) will likely be rejected.

    Why? Because it gives no uniqueness to the product and cannot be exclusively owned.

    How to Avoid:

    • Avoid using common industry terms in isolation
    • Add a distinctive word or coined term (e.g., “VeloNova Auto”)
    • Make up a fanciful or suggestive name that stands out

    ❌ 3. Deceptive Trademarks

    Explanation:
    If your trademark misleads consumers about the product’s nature, origin, or quality, it will be objected to.

    Example:
    A brand named “EcoHybrid Motors” for diesel-based trucks may mislead buyers into thinking it’s environmentally friendly.

    How to Avoid:

    • Ensure your brand name or tagline is truthful
    • Don’t include terms like “organic,” “electric,” or “eco” unless it applies
    • Avoid implying certifications or government approvals

    ❌ 4. Offensive or Immoral Terms

    Explanation:
    Trademarks containing words or images that are scandalous, obscene, or hurt religious sentiments are not allowed.

    Example:
    A motorcycle brand using offensive symbols or inappropriate names will get rejected instantly.

    How to Avoid:

    • Keep names clean, professional, and respectful
    • Avoid political, religious, or cultural references that could offend

    ❌ 5. Lack of Distinctiveness

    Explanation:
    If your trademark is too simple, plain, or commonly used, it may not be eligible for registration.

    Example:
    Names like “Speed,” “Auto,” or “Drive” alone lack distinctiveness.

    How to Avoid:

    • Combine words uniquely (e.g., “DrivoTech Motors”)
    • Create a coined word or unique logo
    • Avoid generic names that describe vehicle function

    ❌ 6. Use of Prohibited Marks or National Symbols

    Explanation:
    Using national emblems, flags, currency signs, or government symbols is strictly forbidden under Indian Trademark Law.

    Example:
    You can’t name your vehicle brand “AshokaAuto” with the national emblem in the logo.

    How to Avoid:

    • Steer clear of official emblems, badges, or national flags
    • Don’t imitate any government insignia or seals

    ❌ 7. Wrong Class Filing

    Explanation:
    If you file your application in the wrong class, it may be rejected or held up in examination.

    Example:
    You sell two-wheeler parts but file under Class 7 (machines) instead of Class 12 (vehicle parts).

    How to Avoid:

    • Understand trademark classifications thoroughly
    • Consult a professional to determine if you need multiple class filings

    ❌ 8. Incomplete Application or Incorrect Information

    Explanation:
    Applications with missing information, incorrect descriptions, or incomplete documents often get rejected.

    Common Errors:

    • Applicant name mismatch
    • Improper description of goods
    • Missing Power of Attorney (Form TM-48)
    • Incorrect use claims

    How to Avoid:

    • Double-check all details before submission
    • Attach all supporting documents
    • Hire a consultant if you’re unsure about forms and terminology

    🛡️ How to Prevent Class 12 Trademark Rejections – Pro Tips

    Now that you know what not to do, here’s how you can get your Class 12 trademark approved faster and without issues:


    ✅ 1. Conduct a Comprehensive Trademark Search

    Use the IP India trademark portal to:

    • Search wordmarks
    • Perform phonetic searches
    • Check international trademarks (WIPO database)

    Bonus Tip:
    Also Google your desired name and check domain and social handle availability.


    ✅ 2. Create a Unique & Distinctive Name

    Coined or invented terms have the highest chance of approval.

    • Think of made-up names or foreign terms
    • Blend two words (e.g., “Auto” + “Nova” = “Autonova”)
    • Use acronyms or initials creatively

    ✅ 3. File Under the Correct Class (and Multiple Classes if Needed)

    Don’t limit yourself. If you offer:

    • Spare parts: Class 12
    • Vehicle repair services: Class 37
    • Transport services: Class 39

    You can file a multi-class application to cover all relevant business areas.


    ✅ 4. Use a Professional Trademark Filing Service

    Experts help you:

    • Conduct in-depth searches
    • Draft clear product/service descriptions
    • Handle objections or oppositions
    • File your application correctly the first time

    ✅ 5. Respond to Objections Quickly

    If you still receive a Section 9 or 11 objection:

    • Don’t panic. It doesn’t mean rejection.
    • File a well-drafted reply within 30 days
    • Include arguments, case laws, and supporting documents

    Timely response can save your trademark application.


    📁 Documents Needed to File Your Trademark

    To avoid mistakes, keep these ready:

    • Brand name/logo
    • Nature of business
    • Applicant identity proof
    • MSME/startup certificate (if applicable for lower fees)
    • Power of Attorney (Form TM-48)

    🕒 Class 12 Trademark Registration Timeline

    StageTimeline
    Application Filing1–2 days
    Examination by Registry1–3 months
    Objection/Reply Handling1–2 months
    Advertisement in Journal3–6 months
    Registration Certificate Issued6–12 months (if no opposition)

    💼 Example: Common Mistakes by Class 12 Brands

    Let’s say a startup brand named “Auto King” wants to file a trademark for vehicle parts.

    Mistake 1:

    They file only under Class 7 for “machinery,” not realizing vehicle parts belong to Class 12.

    Mistake 2:

    They didn’t check for similar names, and “Auto Kingz” is already registered.

    Result:

    They face an objection, their application is delayed for months, and they eventually must rebrand and refile.


    🚀 Wrap-Up: Be Smart, File Right

    Trademark rejection in Class 12 can feel like a roadblock, but with the right steps, you can sail through the process smoothly.

    Focus on:

    • Choosing a distinctive and legal name
    • Conducting a thorough availability search
    • Filing the correct documents under the right class
    • Getting professional help if needed

    📢 Trademark Class 12 Experts at Your Service

    At VMK Professionals, we help Class 12 businesses protect their brand with:

    • ✅ Comprehensive Trademark Search
    • ✅ Rejection Prevention & Objection Handling
    • ✅ Affordable Filing Services
    • ✅ PAN India Support for Automotive Startups

    📝 Let us handle the paperwork while you focus on growing your vehicle or transport brand.

    📞 Contact us today and register your Class 12 trademark the right way!

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