Trademark Filings Rejected For Lack Of Distinctiveness: A Growing Pattern

Trademark is a type of Intellectual Property that helps consumers identify the source of a good or service and helps differentiate from one brand to another. Trademark is defined under section 2(1)(zb) of the Trademarks Act,1999. The section defines trademark as “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours “ 

For startups and growth-stage companies, a trademark is no longer just a legal filing. It is a core business asset tied directly to visibility, investor confidence, platform enforcement, customer recall, and long-term brand value. Yet across jurisdictions, including India, an increasing number of trademark applications are being objected to or refused because the proposed marks are considered descriptive, generic, laudatory, or incapable of distinguishing one business from another.