What Cannot Be Registered as a Trademark in India?

Trademarks sit at the centre of brand identity. They help buyers recognise a product in a crowded market and allow businesses to protect the goodwill they have built over time. Trademark registration gives the owner an exclusive right to use it for the goods or services listed in the application. It also creates a legal shield against misuse.

Many founders pick a name and rush to register it. However, it becomes an issue when the mark falls into a category that the law does not allow. India’s Trade Marks Act, 1999, sets out clear restrictions on what can and cannot be protected. Knowing these limits early saves time, money, and a fair amount of frustration.

This guide walks through those restrictions in a simple, friendly manner. It also covers a few cases that shaped these rules and ends with a short outline of the registration process.

1. What Makes a Strong, Registrable Trademark

Before looking at what cannot be registered, it helps to understand what the Registry expects. A strong trademark has a few simple qualities.

• It stands out
• It is easy to read, pronounce, and recall
• It does not confuse buyers about the nature of the goods
• It avoids offensive words, symbols, or imagery
• It does not imitate another registered mark
• It adapts well to use, whether printed, spoken, or displayed online

When a mark has these qualities, it signals identity rather than description. That distinction becomes important when we look at the first category of restrictions.

2. Why the Law Sets Limits on Trademark Registration

Before moving to the refusal grounds, it helps to understand why the law sets limits. These checks are meant to:

• Keep trademarks clear and reliable for buyers
• Prevent confusion in the market
• Stop businesses from locking up common or descriptive words
• Protect established brands from look-alike marks
• Ensure every trader has fair access to the language and symbols needed in their industry

Read more about the trademark rules in India that have been updated for better protection of your brand identity: Trademark Rules in India 2025: Key Changes & Process Updates

To achieve this, the Act divides refusal grounds into two categories:

• Absolute grounds, which look at the nature of the mark itself
• Relative grounds, which address conflicts with earlier trademarks

Before filing, it is useful to know the grounds for refusal. This makes it easier to choose a mark that will not run into trouble.

3. Absolute Grounds for Refusal of Trademark

The first set of restrictions appears in Section 9 of the Act. These apply regardless of the owner, the industry, or the intent behind the mark.

Lack of Distinctiveness

If a mark cannot distinguish one trader’s goods from another’s, it does not qualify. Generic or plain words usually fall here. The IPAB once held that “Ultra” and “Perfect” were too descriptive to operate as trademarks. They communicate qualities, not identity.

Descriptive of Goods or Services

Marks that simply describe the goods, their quality, purpose, or geographic origin are barred. A spice brand trying to register “Strong Masala” would run into trouble because buyers already understand the phrase as a description, not a source.

Customary Use

Some terms become so common in the trade that no one can own them. “Escalator” is the classic example. It began as Otis’s trademark but became a generic word. Once a word becomes generic, it loses protection.

Deceptive or Confusing Marks

Any mark that misleads the public or leaves buyers thinking it is connected to another brand cannot be registered. Variations like “Abibas” for footwear sit in this group. The intention may appear playful, but the effect is confusion.

Hurtful to Religious Sentiments

Marks containing references that may hurt religious feelings are not allowed. In a 2006 case, an attempt to register “Ramayan” for incense sticks was rejected. The court stated that sacred texts and deities cannot be claimed as trademarks.

Scandalous or Obscene Content

Marks containing scandalous or vulgar expressions are refused outright.

Prohibited by Law

If a mark falls within the restricted categories under the Emblems and Names (Prevention of Improper Use) Act, 1950, it cannot be registered.

Shapes That Cannot Be Owned

Section 9(3) bars registration of shapes that are inherent to the product, required for a technical result, or add substantial value. A bottle shape that reflects the natural form of the product or a design that ensures proper function cannot qualify.

Colour Limitations

A trademark can rely on a particular colour only if that colour by itself sets the mark apart. If no colour is claimed, the registration extends to all colours.

Names and Surnames

Plain surnames or common names rarely succeed unless they have gained strong secondary meaning. Courts have observed that no one can monopolise “Singh” or any other widely used surname.

Numbers

Simple digits lack distinctiveness. Numbers may be used if combined with other elements, but numbers alone cannot form a protectable mark.

Geographical Terms

Place names such as “Mumbai,” “Darjeeling,” or “Delhi” are refused because they describe a location rather than an origin tied to a single business.

Sound Marks

India allows sound marks, but only if the sound is unique and distinctive. For example, the Nokia tune. Common sounds like bird chirping cannot qualify.

Smell Marks

Smell trademarks are still rare worldwide. India does not register them because the TM Rules require graphical representation, and India has not adopted the EU’s flexible representation standards.

Learn more about the unconventional trademarks registration in India: Non-Traditional Trademarks in India: Sound, Smell & Shape Marks

4. Relative Grounds for Refusal of Trademark

Section 11 explains the relative grounds for refusal of registration of a trademark. Even if a mark has some originality, it cannot be registered when it is:

• Identical or similar to an existing mark
• Used on identical or similar goods
• Likely to confuse buyers

If the earlier mark is well known, the bar becomes higher. The Registrar must refuse the new mark if its use could dilute or harm the reputation of the earlier one. Section 12 offers a narrow escape in cases of honest concurrent use, but this is not easy to prove. 

Want to learn more about the well-known mark in India and how it gets extensive protection from the government? Read the full guide here: Well-Known Trademarks in India: Cases, Protection & Benefits

5. Opposition to Trademark Registration

After examination, the Registry publishes the mark in the Trade Marks Journal. Anyone can oppose it within the prescribed period. The opponent does not even need to be a business owner. A customer or frequent user of the goods may also raise objections.

Opposition may be based on the lack of distinctiveness, descriptive nature, ability to cause confusion, religious concerns, prior use, or conflict with a well-known mark. The process acts as a final safeguard before registration. In that case, the defendant needs to file a counter-statement within 2 months and protect the registered mark.

6. Process of Trademark Registration in India

Understanding the complete trademark registration process helps connect all the rules you have just read.

Step 1: Search the Database

A preliminary search helps you to check the availability of a trademark in India and ensures that it is unique to your brand. The public search tool on the Registry’s website is the easiest place to start.

Step 2: Prepare the Application

The application requires a clear representation of the mark, the applicant’s details, the class of goods or services, the date of first use (if any), and a digital signature. Most applicants file Form TM-A online.

Find out under which class your trademark falls with the Trademark Class Search Tool, so that you can file your mark in a relevant category.

Step 3: File the Application

The fee varies depending on whether the applicant is an individual, startup, small business, or larger entity. Both online and physical filing options exist.

Step 4: Examination

The Registry examines the mark for compliance and raises objections if any concerns arise. These objections must be answered with a written reply and, in many cases, a hearing.

Step 5: Publication

If the Registrar accepts the reply, the mark enters the Journal. The public then gets four months to oppose it.

Step 6: Opposition Stage

If someone files an opposition, both parties submit evidence and attend hearings. If the applicant succeeds, the mark moves ahead.

Afraid of someone filing opposition? Here’s how you can proceed with the trademark objection reply and tackle this issue without stressing over it.

Step 7: Registration

Once all hurdles are cleared, the Registry issues the Registration Certificate. The owner now has exclusive rights over the mark.

Congratulations on successfully completing the registration process. Now, you need to download the trademark certificate and focus on the next step of business setup.

Conclusion

Trademark law protects identity, not description. It rewards creativity while preventing unfair advantage. Words that describe goods, mislead buyers, offend sentiment, or imitate existing brands cannot be owned. The rules may seem strict, but they preserve a fair market and help genuine brands thrive.

A well-chosen mark becomes a long-term business asset. With the right search, sound strategy, and careful drafting, the registration process becomes far more predictable. If you plan to register a trademark, LegalWiz.in is a reliable place to begin. Our team prepares and files your application within a few days. So, don’t overthink and register your trademark with us in the right way now.