Class 13 Trademark Rejection Guide: Reasons, Fixes & Pro Tips (2025)
In the world of branding, trademarks are your most valuable assets. For businesses dealing in firearms, ammunition, explosives, and fireworks, Class 13 under the Nice Classification plays a vital role. However, getting your trademark registered in this sensitive class is often not straightforward.
Many applications are rejected due to errors that could have easily been avoided. In this blog, we’ll explain the top reasons why trademarks under Class 13 get rejected and provide practical guidance on how to prevent these mistakes, so your application stands a much better chance of being approved.
📘 What is Trademark Class 13?
Trademark Class 13, under the Nice Classification System, covers:
- Firearms
- Ammunition and projectiles
- Explosives
- Fireworks
It is used by manufacturers, dealers, exporters, and innovators dealing with defense equipment, sport shooting gear, explosive materials, and celebratory pyrotechnics.
This class is very niche and often heavily scrutinized due to the sensitive nature of the products involved. Because of this, even minor issues in your application may lead to delays or rejection.
🚫 Top Reasons for Trademark Rejection in Class 13
Below are the most common reasons why trademark applications in Class 13 get rejected:
1. Lack of Distinctiveness
Your trademark must be unique and distinguishable. Many applicants choose names that are too generic or describe the product directly, which leads to immediate rejection.
🔎 Example:
- Trying to trademark names like “Explosive Powder” or “Firearm Ammo” will likely be rejected for being descriptive and lacking distinctiveness.
✅ How to Prevent:
- Use invented words or names that don’t describe the actual product.
- Avoid using common terms related to firearms or fireworks.
- Choose words that are catchy but don’t directly refer to the product features.
2. Similarity with Existing Trademarks
If your mark is similar in sound, appearance, or meaning to an already registered mark in Class 13 (or even in a related class), it may be rejected under Section 11 of the Trademarks Act.
🔎 Example:
- Applying for “Thunderspark Fireworks” when “ThunderSpark Ammunition” is already registered.
✅ How to Prevent:
- Conduct a comprehensive trademark search using the official IP India website.
- Don’t just search for exact matches—look for phonetic or visual similarities too.
- Consider hiring a trademark expert for a professional clearance search.
3. Incorrect Trademark Classification
Sometimes, trademarks are rejected because they are filed under the wrong class or because the description of the goods is vague or mismatched.
🔎 Example:
- Filing for bulletproof jackets under Class 13, whereas they actually fall under Class 9 (protective clothing).
✅ How to Prevent:
- Refer to the Nice Classification system carefully before filing.
- Mention exact product categories in the description.
- When in doubt, opt for a multi-class application if your product spans multiple classes.
4. Use of Prohibited or Sensitive Words
Under Indian law, the use of certain words, names, or symbols is prohibited. This includes anything that may hurt religious sentiments, misuse national symbols, or include vulgar or scandalous content.
🔎 Example:
- Trying to trademark names like “National Rifle Association” or “Ashoka Arms.”
✅ How to Prevent:
- Avoid terms protected under the Emblems and Names (Prevention of Improper Use) Act, 1950.
- Steer clear of any politically sensitive or religious words.
- Do a quick legal review before finalizing the name.
5. Incomplete or Incorrect Application Details
Simple errors like misspelled applicant names, wrong address, missing documents, or not uploading the mark image properly can lead to delays or outright rejection.
✅ How to Prevent:
- Double-check all details before submitting your application.
- Make sure to provide correct ownership documents, power of attorney (if filing through an agent), and clean trademark images in required formats.
- Don’t skip any required field in the application form.
6. Descriptive or Functional Trademarks
Descriptive names that explain what the product is, or how it works, are rarely granted protection under the law. Similarly, functional designs cannot be trademarked.
🔎 Example:
- Names like “Explodo” for explosives or “ShooterX” for rifles may be too descriptive and rejected.
✅ How to Prevent:
- Use fanciful, arbitrary, or suggestive marks.
- Avoid combining descriptive terms even if the combination sounds unique.
- Ensure that the mark doesn’t define a functional feature.
7. Objections Raised by Trademark Examiner
During the examination phase, the examiner may raise objections under Section 9 (absolute grounds) or Section 11 (relative grounds). If not addressed properly and within the given timeline, the mark will be rejected.
✅ How to Prevent:
- Regularly monitor your application on the IP India website.
- Respond to objections within the 30-day window with strong legal reasoning.
- Hire a professional to draft and file the response on your behalf.
8. Third-Party Opposition
Even if your mark is accepted and advertised, a third party may oppose it if they believe it’s similar to their existing mark.
✅ How to Prevent:
- Conduct a pre-filing public and commercial database check to identify potential conflicts.
- Build strong documentation to prove the originality and uniqueness of your brand.
- Be ready with evidence in case an opposition arises.
9. Violation of Public Morality or Law
Class 13 often relates to weapons and explosives. So, if your trademark name appears to promote violence or violate public morality, it could be rejected even if it’s legally correct.
🔎 Example:
- Names like “Killmatic” or “BlastX” could be flagged for sounding aggressive or harmful.
✅ How to Prevent:
- Choose brand names that sound strong but do not incite violence or harm.
- Avoid words that imply illegal or dangerous usage.
✅ How to Prevent Trademark Rejection in Class 13: Step-by-Step Plan
Now that we’ve identified common pitfalls, here’s your action plan to increase your chances of approval:
✔ Step 1: Perform a Full Trademark Search
Use both the IP India portal and international databases like WIPO or TMView to ensure your name isn’t already taken or similar to others.
✔ Step 2: Choose a Unique and Creative Brand Name
Avoid using product-related terms or existing words in the firearm industry. Go for something fresh, made-up, and memorable.
✔ Step 3: Select the Right Trademark Class
Confirm your product or service truly belongs in Class 13. For products like protective clothing or software-based targeting systems, Class 9 may be appropriate.
✔ Step 4: Draft a Proper Description
Be specific and accurate in describing your goods. Don’t leave things vague or overly broad.
✔ Step 5: File Accurately
Use Form TM-A for filing, upload all documents, and ensure your brand logo or wordmark is high quality and correctly formatted.
✔ Step 6: Monitor the Application and Respond Promptly
Track progress, check for objections, and respond within the deadlines. If objections or oppositions are raised, reply with a well-reasoned explanation.
✔ Step 7: Consult a Trademark Expert
While DIY is possible, a professional can ensure your brand doesn’t face legal setbacks in the future. Their experience can help dodge rejections and speed up the process.
🧠 Final Words: Build Your Brand Without Rejection
Trademark Class 13 may be a sensitive and heavily regulated category, but that doesn’t mean getting a trademark is impossible. By taking the time to understand the rules, choosing a unique brand identity, and ensuring your application is thorough, you can significantly improve your chances of success.
If you are working in the firearm, defense, fireworks, or explosives industry, your trademark is not just a name—it’s a badge of trust and recognition. Don’t let rejection delay your growth. Take the right steps from the beginning.
🔧 Need Help With Trademark Registration in Class 13?
At VMK Professionals, we help businesses register their trademarks across all classes—especially in critical ones like Class 13.
We offer:
- Expert trademark search and analysis
- End-to-end application filing
- Objection and opposition handling
- PAN India support and guidance
Let us help you secure your brand legally and safely.