top reasons trademark applications get refused (and how to avoid them)

A surprising number of applications run into trouble for reasons that could have been avoided with the right preparation. Here are the most common, and how to sidestep them.

1. The mark is descriptive

Names that simply describe the product or its quality — "Fresh", "Best", "Quick" — are weak and often objected to under Section 9. No single trader is allowed to monopolise ordinary descriptive words. Fix: choose a distinctive, coined, or arbitrary name.

2. It conflicts with an earlier mark

If an identical or deceptively similar mark already exists in your class, expect an objection under Section 11. Fix: run a thorough search before filing.

3. Wrong or incomplete class

Filing in the wrong class — or omitting a class your business actually operates in — leaves gaps in protection. Fix: map your goods and services carefully across all relevant classes.

4. Poorly drafted specification

A vague or overly broad list of goods and services can attract objections. Fix: draft a precise specification that matches your real activities.

5. Missing deadlines

Failing to reply to an examination report, or to file a counter-statement in an opposition, can cause the application to be treated as abandoned. Fix: track every deadline rigorously.

6. Generic or deceptive marks

Marks that are generic, offensive, or likely to deceive consumers are refused outright. Fix: assess registrability honestly before investing in the brand.