How to Avoid Trademark Rejection in Class 12: A Practical Guide
In India’s fast-growing automotive and transport sector, building a strong brand is crucial. But before you can claim legal ownership of your brand name or logo, you need to register it as a trademark. If your products fall under Trademark Class 12, which includes vehicles and their components, you must file your application with care. Unfortunately, many applications face rejection because of common and avoidable mistakes.
In this comprehensive blog, we’ll cover:
- What Class 12 covers
- The most common reasons trademarks get rejected under Class 12
- Practical steps to avoid rejection
- Real examples for better understanding
What is Trademark Class 12?
Trademark Class 12 under the NICE Classification system includes:
- Land vehicles (cars, buses, motorcycles, scooters)
- Aircrafts and boats
- Parts and accessories for vehicles (tyres, engines, brakes, mirrors, horns, etc.)
Whether you’re manufacturing vehicles or selling replacement parts, you need to register your brand in Class 12 to get legal protection and exclusive rights in this segment.
Why Do Class 12 Trademark Applications Get Rejected?
Let’s go through the most common reasons why trademarks in this class are refused, along with real-life scenarios and tips to avoid them.
1. Similarity with Existing Registered Trademarks
Problem:
If your brand name or logo looks or sounds too similar to an already registered trademark in Class 12, your application will likely be rejected under Section 11 of the Trademarks Act, 1999.
Example:
You apply for “Automaxx” but “AutoMax” is already a registered trademark in the same class. Though the spelling is slightly different, phonetically both are similar and could confuse consumers.
How to Avoid It:
- Use the official Trademark Public Search Tool at ipindia.gov.in before applying.
- Check for phonetic similarities, not just spelling.
- Avoid using common suffixes like “Auto,” “Drive,” “Max,” or “Motors” unless your mark is highly distinctive.
2. Generic or Descriptive Trademarks
Problem:
Words that describe the product’s nature or quality (like “Speedy,” “Strong Car,” or “Eco Vehicle”) are considered generic or descriptive and are usually rejected under Section 9.
Example:
Trademarking “Electric Bike” for an electric two-wheeler will likely be refused because it simply describes the product, offering no uniqueness.
How to Avoid It:
- Coin a distinctive or invented word, like “Ecotrox” instead of “Eco Vehicle.”
- Combine unrelated words (e.g., “Redbolt Motors”) to make them unique and brandable.
3. Use of Deceptive Words
Problem:
Using words that can mislead consumers about the product’s nature, origin, or quality leads to rejection.
Example:
Using the word “German Auto” when your vehicles are manufactured in India may be seen as misleading.
How to Avoid It:
- Be honest and clear in your brand representation.
- Avoid making claims that can’t be substantiated.
4. Use of Prohibited or Restricted Symbols
Problem:
Trademarks that include national flags, government seals, or other protected emblems will be rejected.
Example:
Using the Ashoka Chakra or Indian national flag in your logo will be refused.
How to Avoid It:
- Stick to custom graphics and designs.
- Review the Emblems and Names (Prevention of Improper Use) Act, 1950 before choosing any symbols.
5. Incorrect Trademark Class
Problem:
Filing under the wrong class (e.g., filing vehicle maintenance services in Class 12 instead of Class 37) will lead to rejection.
How to Avoid It:
- Understand the product/service you’re offering and match it with the correct class.
- Consult a trademark expert or use the class details available at the WIPO website or IP India portal.
6. Offensive or Vulgar Content
Problem:
If your trademark contains offensive, vulgar, or scandalous material, it will be rejected outright.
Example:
Using slang or profane words in a brand name is against public morality and will not be approved.
How to Avoid It:
- Be culturally sensitive and professional in your trademark.
- Avoid anything that can offend public sentiment.
7. Incomplete or Incorrect Application
Problem:
Leaving out critical documents, incorrect details about the applicant, or vague product descriptions can lead to rejection or delay.
How to Avoid It:
- Ensure all fields are correctly filled (name, address, goods description).
- Upload clear and accurate Power of Attorney, identity proof, and logo (if applicable).
- Mention precise goods like “car bumpers” or “bicycle wheels” rather than vague terms like “automotive parts.”
8. Lack of Distinctiveness
Problem:
If the trademark cannot distinguish your goods from others in the same class, it lacks distinctiveness and is subject to objection.
How to Avoid It:
- Avoid dictionary words or abbreviations commonly used in the auto industry.
- Try inventing new brand names (e.g., “Veltrix Motors” or “Nexoride”).
9. Non-Response to Examination Report
Problem:
If the examiner raises objections and you fail to reply within 30 days, your application will be marked abandoned.
How to Avoid It:
- Monitor the trademark application status regularly.
- Hire a trademark attorney to prepare and file a proper reply to the examination report within the deadline.
10. Failure to Prove Intent to Use
Problem:
In India, a trademark must be used or intended to be used. If you can’t prove use or intent, it may lead to refusal or cancellation.
How to Avoid It:
- File a trademark when you genuinely intend to launch or sell your product.
- Maintain invoices, marketing material, product labels, or social media promotions to prove use if required later.
Bonus Tips to Improve Trademark Approval Chances in Class 12
- Apply Early – The earlier you apply, the better chance you have of securing your desired trademark.
- Apply for Logo and Word Mark Separately – Protect both individually to cover broader infringement possibilities.
- Consider Multi-Class Filing – If your brand also deals in services like repairs or electric charging stations, consider filing under multiple classes (e.g., Class 37, Class 39).
- Use the TM Symbol – After filing, you can use ™ next to your brand to indicate it’s under registration.
- Regular Monitoring – Use trademark watch services to ensure no one else is filing a similar mark.
Conclusion
Registering a trademark in Class 12 is essential for businesses dealing in vehicles, vehicle parts, or transport equipment. But the road to registration is not always smooth. Many applications are rejected for reasons that could be easily avoided with the right knowledge and strategy.
From conducting a proper trademark search and choosing a distinctive name to filing under the correct class and responding to objections on time—every step matters.
Avoid rejection. Protect your brand. Own your name.
Get Expert Help
At VMK Professionals, we specialize in trademark registration under Class 12 and other relevant categories. Our expert legal consultants ensure smooth filing, error-free documentation, and proper follow-up with the Trademark Registry to reduce rejection risks.
📍 Serving PAN India with offices in Delhi and beyond