Avoid These 5 Class 8 Trademark Mistakes That Lead to Rejection
Introduction
For businesses in the hand tool, cutlery, and related manufacturing industries, securing a trademark under Class 8 is a vital step toward building brand recognition and protecting your intellectual property. However, the journey to trademark registration is not always smooth. Every year, hundreds of Class 8 applications are rejected due to common, yet avoidable, mistakes. Understanding these pitfalls can help you avoid delays, reduce costs, and ensure your brand is legally protected.
In this blog, we’ll break down the top 5 reasons why Class 8 trademark applications get rejected and how you can strategically avoid them. Whether you manufacture screwdrivers, scissors, or shaving tools, this guide will help ensure your application has the best chance of approval.
What Falls Under Trademark Class 8?
Before we dive into the reasons for rejection, let’s quickly recap what Trademark Class 8 includes.
Trademark Class 8 primarily covers:
- Hand tools and implements (manually operated)
- Cutlery (e.g., knives, forks, spoons)
- Razors, shaving instruments, and grooming tools
- Agricultural tools (non-electric)
- Files, drills, wrenches, hammers, spanners, scissors, pliers, and similar goods
If your products are manually operated tools used for personal or industrial purposes, Class 8 is likely where your trademark should be registered.
Reason 1: Lack of Trademark Distinctiveness
One of the biggest and most common reasons trademarks under Class 8 are rejected is that the mark lacks distinctiveness. A trademark must help consumers identify the source of your products and differentiate them from competitors.
Example:
If your brand name is something generic like “Sharp Tools” or “Steel Knife”, it might be rejected for being too descriptive.
How to Avoid:
- Choose a name that is unique, suggestive, arbitrary, or even coined (invented).
- Avoid using words that directly describe the product’s quality, type, or function.
- Do a thorough search to ensure your mark isn’t similar to existing registered names in Class 8.
Reason 2: Similarity with Existing Trademarks
Another major cause of rejection is that the proposed trademark is too similar to an already registered mark. The trademark examiner or an opposition party can challenge your application on the grounds of causing confusion.
Example:
If there’s already a trademark called “CutPro” registered under Class 8, and you apply for “CutPro Tools”, your mark may be considered deceptively similar.
How to Avoid:
- Conduct a comprehensive trademark search in Class 8 before filing.
- Use online tools like the IP India Public Search tool to check for phonetic, visual, and conceptual similarities.
- Consult a trademark professional to assess the risk of conflict.
Reason 3: Incorrect Trademark Class Selection
Applying under the wrong class is a surprisingly frequent issue. If your product is wrongly categorized, the Trademark Registry will reject the application, or it may be legally challenged later.
Example:
If you produce electric drills and file under Class 8, your application may be rejected since electric tools fall under Class 7.
How to Avoid:
- Read the complete Class 8 specification to ensure your product fits.
- If your brand covers multiple products across different classes, file a multi-class trademark application or separate applications per class.
- Seek expert advice if unsure which class is most appropriate.
Reason 4: Incomplete or Incorrect Application Details
Many applications are rejected due to errors in filling out the application form. This includes misspelled names, incorrect addresses, wrong ownership types, and missing documents.
Example:
An applicant may list the wrong entity type — filing as an individual instead of a registered company — which can lead to legal and procedural issues.
How to Avoid:
- Carefully review the trademark application before submission.
- Attach all required documents: identity proof, address proof, business registration, and power of attorney (if needed).
- Double-check spelling, class numbers, and product descriptions.
Reason 5: Failure to Respond to Examination Report or Objections
If your application receives an objection from the Trademark Registry or a third party, failing to respond within the prescribed time (typically 30 days) will result in rejection.
Example:
The Registrar may raise a Section 9 (descriptiveness) or Section 11 (similarity) objection. If you don’t reply in time with legal reasoning or supporting evidence, your application will be abandoned.
How to Avoid:
- Regularly check the status of your application on the IP India portal.
- Hire a professional to draft a well-reasoned response to any objection.
- Submit documents that prove distinctiveness, prior use, or dissimilarity if necessary.
Bonus Tips to Ensure Successful Class 8 Trademark Registration
- Use the Mark: Start using your trademark commercially even before registration to build brand identity and goodwill.
- Maintain Consistency: Use the same logo, font, and color scheme across all branding materials.
- Keep Records: Maintain dated invoices, labels, website pages, and promotional materials for proof of use.
- Monitor Infringements: Watch for similar or infringing marks and file opposition or legal notices if required.
- Renew Your Trademark: Trademarks in India are valid for 10 years. Remember to renew on time to avoid lapse.
Timeline and Process for Class 8 Trademark Registration
Here’s a brief summary of the Class 8 trademark process:
- Search: Conduct a Class 8 trademark search.
- Filing: Submit Form TM-A with supporting documents.
- Examination: Trademark office examines the application (1-3 months).
- Objections (if any): Respond to objections within 30 days.
- Publication: Trademark is published in the journal for opposition (4 months).
- Registration: If no opposition arises, your mark is registered and a certificate is issued.
The total timeline can range from 6 months to 18 months, depending on objections and oppositions.
Trademark Class 8 Registration Fees (2025 Update)
- Government Fee:
- ₹4,500 for individuals/startups/small enterprises (per class)
- ₹9,000 for others (per class)
- Professional Fees: Varies based on service provider. Typically ranges from ₹2,000 to ₹6,000.
Documents Required for Class 8 Trademark Application
- Applicant’s identity proof (PAN, Aadhaar)
- Address proof
- Business registration certificate
- Logo (if applying for a logo mark)
- Proof of usage (optional but helpful)
- Power of Attorney (if applying through an agent)
Final Thoughts
Trademark registration under Class 8 is an important legal step to protect your hand tool or cutlery business from counterfeiting, misuse, and brand dilution. However, applications can be delayed or rejected due to preventable errors. By understanding the common pitfalls — such as lack of distinctiveness, similarity to existing marks, incorrect class selection, and procedural errors — you can significantly improve your chances of a smooth and successful registration.
When in doubt, it’s always a smart decision to consult professionals who specialize in trademark services.
About VMK Professionals
At VMK Professionals, we help Indian businesses secure their brand identities through expert trademark registration services. Whether you’re a startup crafting a new line of tools or a large manufacturer expanding your cutlery brand, we simplify the trademark process with strategic legal support, end-to-end documentation, and timely follow-ups.
With a deep understanding of trademark Classes 6, 7, and 8, we ensure your brand is protected from the ground up. Let us take care of the legal side, so you can focus on building and growing your business.
📞 Contact us today for a free consultation and trademark search.