What can and can’t be registered as trademark in India

In a competitive marketplace, the power of a trademark lies in its ability to set a brand apart. But not every word, logo, or symbol qualifies for trademark protection. Indian trademark law, rooted in the Trade Mark Act, 1999, lays down clear criteria on what can—and cannot—be registered as a trademark. From the essential requirement of graphical representation to the crucial test of distinctiveness, the legal framework ensures that only marks capable of identifying the true source of goods or services receive protection.

This article explores the full spectrum of trademark distinctiveness—starting with the strongest categories like fanciful and arbitrary marks, moving through suggestive marks, and highlighting why descriptive and generic terms often fail registration. By understanding these nuances, businesses can make smarter branding choices that not only comply with the law but also secure stronger commercial rights from the outset.

Table of Contents

What Marks Are Eligible for Registration in India?

India recognizes a wide range of trademarks that help consumers connect a product or service with its rightful business owner. Here is a practical look at each eligible type with relevant Indian brand examples.

Traditional Marks: The Essentials
Word Marks (Brand Names and Names)

Brand names or unique word combinations that identify a business.
Example:TATA, Zomato, Nykaa

Device Marks (Logos and Visuals)

Logos, icons and graphical symbols that visually represent the brand.
Example:Air India’s Maharaja logo, Royal Enfield emblem

Slogans and Taglines (Catchphrases)

Unique phrases that convey brand messaging or identity.
Example: Amul – The Taste of India, LIC – Zindagi Ke Saath Bhi Zindagi Ke Baad Bhi

Non-Conventional (Modern) Marks
Shape of Goods (3D Marks)

Distinct product or packaging shapes that are memorable and non-functional.
Example:Parle G biscuit slab shape, Frooti tetrapack bottle shape (registered for uniqueness)

Sound Marks (Audio Identifiers)

Audio jingles or tunes that consumers instantly associate with the brand.
Example: ICICI Bank mobile app tune, Yahoo India jingle (one of the first registered sound marks)

Colour Marks (Single Colour or Combination)

Specific colours or combinations that consumers strongly link to one source.
Example:JIO’s red and blue branding, Bisleri’s distinctive green bottle branding (acquired distinctiveness)

Letters and Numerals

Unique letter or number combinations used as brand identifiers.
Example: HDFC, 3M in India, TVS (letters representing brand identity)

Grounds for Trademark Refusal in India: What Cannot Be Registered as Trademark

Before you spend time and money building your brand around a name or logo, it is important to know whether the law will even allow it to be protected. The Trade Marks Act, 1999 lists specific reasons why a trademark application may be rejected. These rules help ensure fair competition and prevent customer confusion.In India, refusals generally fall under two key categories:

Absolute Grounds
Relative Grounds.

Absolute Grounds for Refusal

These relate to the mark itself. If your brand element fails to meet the basic standards of a trademark registration, it will be refused.

Generic Terms and Common Words: – You cannot trademark names that everyone uses for those goods or services.For Example: “Bread” for bread or “Soap” for soap. These terms must remain free for all to use.

Descriptive Marks: – If your mark directly describes the product’s quality, purpose or features, it may be refused. For Example: “Sweet Mango Juice” for beverages
To succeed, such marks must gain strong distinctiveness over time.

Deceptive or Misleading Marks: – Marks that trick customers about what the product is, where it comes from or what it contains are not allowed.For Example: A mark suggesting “100 percent organic” when it is not true.

Further, there are Shape Mark Restrictions as well as mentioned below: –

If you want to protect the shape of your product or packaging, the law checks whether the shape gives an unfair advantage.

Shapes That Come Naturally: – If the shape exists simply because that is how the product normally looks, it cannot be trademarked.

Shapes That Improve Function: – Shapes designed mainly for technical performance or usage cannot be protected as trademarks.For Example: Toothpaste nozzles or USB connector shapes.

Shapes That Add Major Aesthetic Value: – If customers buy the product mainly for its unique look, trademark law may not help.Such products are better protected under design registration.

Relative Grounds for Refusal

These grounds check for conflicts with other trademarks.

Similar or Identical Existing Marks: – If your mark looks or sounds too close to another registered or pending mark for similar goods or services, the Registry will refuse it to avoid marketplace confusion.
This is why a trademark search is essential before filing.

How to Overcome Objections and Securing Trademark Rights in India

If your trademark application receives objections, do not panic. Many strong trademarks face scrutiny during examination. What matters is how you respond and strengthen your case. Here are practical steps for entrepreneurs to overcome objections and secure registration:

Understand the Examination Report Clearly: – Identify whether the objection is due to lack of distinctiveness, descriptiveness or similarity with another mark.
Prepare a Strong Written Response: – Present legal reasons showing how your mark is unique, distinctive and capable of identifying your brand.
Show Evidence of Use: – Provide proof such as sales data, invoices, ads, brochures or online presence to demonstrate that customers already associate the mark with your business.
Highlight Distinctive Features: – Explain what sets your mark apart in look, sound or meaning compared to others in the marketplace.
Request a Hearing if Needed: – Attend the show cause hearing to argue your case in person or through a trademark agent for better clarity and persuasion.

Smart Strategies to Strengthen Your Trademark

Add creative or unique elements to make your mark stand out in the market.
Avoid words that directly describe your product or service.
Conduct a trademark search early to prevent conflicts with existing brands.
Build distinctiveness by consistently using your mark in business.
Invest in strong visual elements like unique logos or stylization.
Choose coined, invented or imaginative words for stronger protection.
Steer clear of generic or commonly used industry terms.
Maintain proper documentation of usage to support future legal claims.
Keep your brand story and identity consistent across all platforms.

Conclusion

Building a brand is one of the most exciting parts of your entrepreneurial journey. However, the real strength of your brand lies in how well it is protected. Understanding what can be trademarked, what may face refusal and how to respond to objections helps you make smarter decisions from day one. The goal is simple. Choose a trademark that is distinctive, legally strong and uniquely yours so customers can instantly recognize and trust your business.

If you are ready to secure your brand identity, now is the best time to act. The expert team of My legal Business LLP helps you to conduct a quick trademark search, refine your brand elements for stronger protection and file early to stay ahead of competitors. With the right strategy and timely action, your trademark becomes a powerful business asset that supports long term growth and success.