What Can and Cannot Be Registered as a Trademark in India?

Trademarks are more than just a name or logo. They are, in fact, an identity of your brand. They tell customers who you are and differentiate you from your competitors. But not all trademarks are eligible for legal protection. You must understand what can and cannot be registered as a trademark in India before you go ahead with trademark registration of your brand.

Under the Trademarks Act, 1999, some marks can be easily registered in India, and others can be rejected outright. Therefore, knowing these rules regarding registration will save you both time and money.

In this article, we’ll cover the types of trademarks that can and cannot be registered, and also give you some useful hints for a seamless trademark registration.

What Can Be Registered as a Trademark in India?

The different types of trademarks that you can register in India are as follows:

Type of Trademark	Description	Example
Words or Names	Unique brand names, product names, or slogans.	Amul, Fevicol
Symbols or Logos	Marks that serve as a visual representation of your brand.	Nike’s Swoosh
Combination Marks	Protects both visual and verbal identity by combining words with logos	Adidas logo with name
Shapes and Packaging	Distinctive, original, and non-functional product shapes or packaging designs.	Coca-Cola bottle, Toblerone shape
Colors and Color Combinations	Particular colors or combinations that are strongly associated with a brand.	Cadbury Purple, Tiffany & Co.’s signature blue
Sound Marks	Distinctive jingles or sounds associated with a good or service.	Intel chime, ICICI Bank’s corporate jingle
Holograms or Motion Marks	Unique and distinctive visual motion-based logos or holograms.	Lamborghini’s animated bull logo, Nokia’s connecting-hands animation

These categories demonstrate that a trademark is more than words or logos. As long as it is distinctive and identifiable, you can practically protect your business name.

Note:

• Single-color trademarks are difficult to register in India unless the applicant proves long-standing and exclusive use.
• While permissible under Indian law, motion and hologram marks face higher scrutiny and require a detailed graphical representation.

Eligibility Criteria for Trademark Registration in India

For a mark to be registered, it needs to fulfill a few requirements, such as:

1. Must be Distinctive: It can’t be generic, common, or easily confused with existing marks.
2. Shouldn’t be Misleading: The mark should not mislead customers about the origin, quality, or nature of the product.
3. Must be Non-Functional: You cannot register a mark that shows a functional aspect or essential design of a product.
4. Must Not Contradict Indian Trademark Law: Marks must avoid prohibited categories like immoral or national symbols.
5. Should be Capable of Graphical Representation: The mark must be clearly represented in the trademark application.

If your mark meets these requirements, your chance of successful registration is very high.

What Cannot Be Registered as a Trademark in India?

While you can register a myriad of marks as trademarks, some are specifically forbidden by law. 

The restrictions are generally categorized under the absolute and relative grounds for trademark refusal. These explain why certain marks are automatically rejected or may conflict with existing trademarks.

Absolute Grounds for Refusal (Section 9 of the Trademarks Act, 1999)

Absolute grounds are marks that are fundamentally unsuitable for trademark registration and cannot be registered in any circumstances. A few of the types of trademarks that can’t be registered under this section include:

Prohibited Type	Explanation	Example
Generic or Descriptive Marks	Common words that merely describe goods or services.	“Sugar” for sugar, “Coffee” for a coffee shop
Deceptive or Misleading Marks	Marks that mislead consumers about the quality, origin, or nature of goods/services.	“Gold” on a silver product, “Organic” for non-organic items
Immoral or Offensive Marks	Marks against public order, morality, or decency.	Profane words or obscene symbols
Use of National Symbols or Names	Names, emblems, or flags of India or international organizations.	Indian national emblem, UN logo
Functional Features	Marks representing shapes or features necessary for a product’s function.	Standard bottle caps, screwdriver shapes

No matter how innovatively you represent them, marks rejected under Section 9 are generally considered unfit for registration.

Relative Grounds for Refusal (Section 11 of the Trademarks Act, 1999)

Relative grounds focus on conflicts with existing registered or pending trademarks. In short, the trademark office rejects any mark that is identical or confusingly similar to an already registered or pending trademark if it creates confusion.

Prohibited Type	Explanation	Example
Marks Similar to Existing Trademarks	Marks that are identical or confusingly similar to a registered trademark.	“Cokcaa” for cola drinks (similar to Coca-Cola)
Geographical Indications without Authorization	Names suggesting a product originates from a particular region without legal rights.	“Darjeeling” tea by someone not authorized
Well-Known Marks	Any mark likely to dilute or damage the reputation of a famous mark.	Using “Nike” or “Adidas” for unrelated products

Section 11(2) ensures that the mark is not just distinct but also non-cancelable with respect to other existing marks.

Marks that are denied under Section 11 can sometimes be overcome by obtaining consent or presenting enough evidence. That said, it is generally not advisable to proceed with applications that conflict with a well-known brand.

Exceptions and Alternatives for Trademark Registration

Even for trademarks that are likely to be refused, exceptions and alternatives exist to secure registrations. Awareness of these exceptions and alternatives can be quite useful in securing trademark protection.

1. Honest Concurrent Use: If two unrelated brands are using a similar mark in a manner that doesn’t cause public confusion, the law allows applicants to seek registration in such cases.

Example: Two different local bakery companies in two different states using the name “Bake House.

2. Consent from Earlier Trademark Owner: Permission may be obtained from the owner of an earlier trademark to register a new mark.

Example: A small clothing brand was able to use the name “Urban Threads” for their store in a certain area. They were able to obtain permission from a larger, more established brand using a similar name in a different area.

3. Distinctiveness Acquired Over Time: Even for a previously descriptive trademark, if, over time general public identifies it as a brand, then protection can be gained.

Example: “Windows” for Microsoft products or “India Gate” for rice.

4. Disclaimer Clauses: It is also possible to disclaim rights in generic portions while keeping the rest of the mark protected.

Example: For the “Sweet Treats” logo, the word “Sweet” can be disclaimed, and the logo can be protected.

5. Creative Branding: Build a distinct mark by changing a few letters, fonts, or designs.

Example: “Frooti” rather than “Fruity”, with a distinct logo and color scheme.

With this, you can protect even the trickiest trademarks and defend against trademark objections.

Importance of Conducting a Trademark Search Before Registration

It is extremely important to perform a full search before filing your application. Some reasons why a search is so important are:

• Avoid Conflicts with Existing Trademarks: Doing a search will indicate if your mark is identical or nearly identical to a registered mark or one that is pending. This will help you avoid possible trademark opposition.
• Determine Chances of Approval: Do a full search of what you may expect when registering a trademark as distinctive as it is.
• Save Time and Money: Without performing a full search, you risk a rejection of your trademark application. If rejected, you will be forced to refile your application with a new mark. This results in additional fees and delays.
• Plan Exceptions and Alternatives: If a search revealed a similar mark is present prior, you can determine a possible exception (i.e obtain consent of former owner) before you file.

Performing a full search before filing helps you to avoid costly mistakes.

How to Perform a Trademark Search in India?

You can start by thoroughly looking at the Indian Trademark Registry’s online database to check what marks are registered in India. For a more efficient and user-friendly way to perform your search, use RegisterKaro’s Trademark Name Availability Tool to see if your desired trademark is available in an instant. However, if your trademark application requires a deeper search, you should seek professional help.

Performing a proper trademark search is the first step in ensuring smooth protection for your brand. RegisterKaro, with years of experience in trademark registration, has successfully helped thousands of businesses register their brand identity in India. Our experts guide you through every aspect of the registration process, from filing applications to handling objections. 

We streamline everything to ensure you get your trademark fast and smoothly, whether you’re a startup or a well-established brand. Contact RegisterKaro today!

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