Problems & solutions · Filing an application

Trademark filing problems and how to fix them

Most trademark trouble starts at filing: a mark that was never searched, the wrong class, the wrong applicant, or a use date that cannot be proved. These mistakes surface months later as objections or oppositions. Each problem below explains what goes wrong, why, and what to do about it.

13 problems solvedFor brand owners, trademark attorneys and agentsLast reviewed: 5 October 2026

Brand owners & professionals

The application was filed in the wrong class

What you see

You realise the class or the description of goods or services does not cover what you actually sell.

Why it happens

  • The class was chosen from the product name alone, or one class was chosen when the business needed two or more.
  • After filing, the specification can be narrowed, but it cannot be broadened to cover new goods or services. A class can be added only where the Registrar finds that the goods or services already listed belong in another class too.

How to fix it

  1. If the specification is merely too wide, file a request to amend (Form TM-M) to restrict it.
  2. If the class is wrong, file a fresh application in the right class. The earlier filing date does not carry over.
  3. Decide whether to keep or withdraw the wrong application.

Avoid it next time

Use the class finder and list every product and service you sell or plan to sell soon before filing.

Law: Section 22, Trade Marks Act 1999; Nice Classification Trademark class finder →Trademark class A to Z → #
For brand owners

The trademark was filed in the wrong owner's name

What you see

The mark was filed in a founder's personal name, but the company or LLP actually uses it, or the reverse.

Why it happens

  • The owner was chosen for speed or for the lower government fee, without thinking about who runs the business, takes investment or licenses the brand.

How to fix it

  1. If the right owner is a related entity, assign the application or registration to it with a written assignment, and record it with the Registry (Form TM-P).
  2. If the name was simply misspelt, request correction of the clerical error.
  3. Keep a licence agreement if one entity owns the mark and another uses it.

Avoid it next time

Decide ownership first: the entity that runs the business and will raise money should usually own the brand.

Law: Sections 37, 38 and 45, Trade Marks Act 1999; Rule 75, Trade Marks Rules 2017 Who should own the trademark? →Trademark assignment process → #
Brand owners & professionals

Claimed an old "user date" but cannot prove it

What you see

The Registry asks for a user affidavit and evidence, or the examination report questions the claimed use date.

Why it happens

  • A use date before the filing date must be supported by an affidavit and documents such as invoices, advertisements or packaging showing the mark on those dates.
  • An unsupported or inflated date weakens the application and can be attacked in opposition.

How to fix it

  1. Collect dated evidence of use from the earliest date you can actually prove: invoices, bills, website archives, advertisements, packaging.
  2. File the user affidavit with that evidence. If you cannot prove the earlier date, claim the later date you can prove.

Avoid it next time

File as "proposed to be used" if you have no proof of earlier use. Claim prior use only when you can document it.

Law: Rule 25, Trade Marks Rules 2017 Trademark user affidavit → #
For brand owners

Should we file a word mark, a logo, or both?

What you see

You have a brand name and a logo and are unsure what to protect first.

Why it happens

  • A word mark protects the name in any style. A logo (device mark) protects the design as shown.
  • A logo with a weak or descriptive name may get registered, but give little protection to the name itself.

How to fix it

  1. If budget allows only one, protect the word mark first where the name is distinctive.
  2. File the logo separately if the design matters commercially.
  3. Protect the logo artwork under copyright as well, where it is original.

Avoid it next time

Choose a distinctive name. Design cannot rescue a descriptive one.

Law: Sections 2(1)(m) and 9, Trade Marks Act 1999 Logo trademark registration → #
For brand owners

Paid the higher government fee, or claimed the lower fee without eligibility

What you see

The Registry raises a fee deficiency, or you realise you paid more than needed.

Why it happens

  • The lower e-filing fee (₹4,500 per class instead of ₹9,000) is available to individuals, startups recognised by DPIIT, and small enterprises, with supporting documents such as a DPIIT certificate or Udyam registration.
  • A company or LLP that claims the lower fee without the certificate gets a deficiency notice.

How to fix it

  1. If you claimed the lower fee, file the Udyam or DPIIT document, or pay the balance when asked.
  2. Before filing, get Udyam registration if the business qualifies as an MSME (micro, small or medium enterprise) under the definition in the Trade Marks Rules.

Avoid it next time

Keep the Udyam or DPIIT certificate ready before filing as a company or LLP.

For professionals

Power of attorney (TM-48) missing or defective

What you see

The status shows a formalities defect, or the Registry asks for a proper authorisation of the agent.

Why it happens

  • An attorney or agent filing on the applicant's behalf needs a signed authorisation from the applicant (commonly prepared in the Form TM-48 format).
  • The TM-48 was unsigned, signed by the wrong person, or the stamp duty was not paid.

How to fix it

  1. Execute a fresh TM-48, signed by the applicant or its authorised signatory, on stamp paper of the right value.
  2. Upload it in reply to the formalities defect.

Avoid it next time

Have the TM-48 signed and stamped before filing.

Law: Section 145, Trade Marks Act 1999; Rule 19, Trade Marks Rules 2017 Form TM-48 explained →Power of attorney stamp duty → #
For brand owners

We registered the company name, so is the brand protected?

What you see

You assumed the MCA name approval protects the brand, then found someone else using or filing it.

Why it happens

  • Company or LLP name approval only means the registrar accepted the name for the company register. It gives no trademark rights against traders using the brand. If someone else owns a registered trademark for that name, they can even apply to have your company's name changed.

How to fix it

  1. File a trademark application for the brand in the relevant classes.
  2. If someone filed it first, check their status and consider opposition or rectification, depending on who used it first.

Avoid it next time

File the trademark at the same time as incorporating the company.

Law: Sections 4 and 16, Companies Act 2013; Section 15, LLP Act 2008; Section 28, Trade Marks Act 1999 Company name vs trademark → #
Brand owners & professionals

Status shows "Formalities Chk Fail"

What you see

The application status is "Formalities Chk Fail" soon after filing.

Why it happens

  • Usually a formal defect, such as a missing or defective agent authorisation (TM-48), an unclear image of the mark, a missing translation or transliteration, or a fee or fee-category issue.

How to fix it

  1. Read the defect notice in the correspondence on the application's status page.
  2. Cure the defect within one month of the notice by filing the requested document or a request for amendment. If you do not, the application is treated as abandoned.

Avoid it next time

Check documents, the logo file and the fee category before filing.

Law: Rule 31, Trade Marks Rules 2017 Formalities Chk Fail explained → #
Brand owners & professionals

One multi-class application or separate applications?

What you see

The brand needs protection in several classes and you are unsure how to file.

Why it happens

  • A single application can cover several classes, with the government fee charged per class.
  • But an objection or opposition in one class can hold up the whole application.

How to fix it

  1. For core classes that are likely to face objections, file separate applications so each moves independently.
  2. Use a multi-class application where all classes are low-risk and you want one record.

Avoid it next time

Search each class first, and separate the risky ones.

Law: Section 18(2), Trade Marks Act 1999 Trademark class finder → #
For brand owners

Should the logo be filed in colour or in black and white?

What you see

You are unsure whether to file the coloured logo or a black and white version.

Why it happens

  • A mark registered without limitation to colour is generally treated as registered for all colours. A colour claim limits protection to the colours shown, though colour can help distinctiveness.

How to fix it

  1. File in black and white where you want flexibility across colours.
  2. File in colour, with a colour claim, where the colour combination itself is the distinctive part of the brand.

Avoid it next time

Decide which element makes the brand recognisable before filing.

Law: Section 10, Trade Marks Act 1999 Logo trademark registration → #
For brand owners

The mark is in Gujarati, Hindi or another script

What you see

The Registry asks for a transliteration or translation, or the status shows a formalities defect.

Why it happens

  • Where a mark contains words in a language or script other than English or Hindi, the applicant must give a transliteration and translation, stating the language.

How to fix it

  1. File the transliteration and the meaning in English (or Hindi), stating the language.
  2. If the word has no meaning, say so.

Avoid it next time

Include the transliteration and translation in the application itself.

Law: Rule 28, Trade Marks Rules 2017 Formalities Chk Fail → #
For brand owners

Can we speed up examination of our application?

What you see

You need the registration faster, for example for a marketplace, a dispute or investment.

Why it happens

  • An applicant can request expedited processing of the application in Form TM-M with a higher government fee.

How to fix it

  1. File the expedited examination request with the government fee, ideally with or soon after the application.
  2. The examination report is ordinarily issued within three months of the request. Reply promptly, because the expedited route does not give you more time to respond.

Avoid it next time

Request it only when timing really matters, and be ready to respond within days.

Law: Rule 34, Trade Marks Rules 2017 Government fees for trademark registration → #

Stuck on one of these right now? Send us the application number, the notice or a screenshot of the status. We will tell you the fix and the deadline, and file it for you if you want.

Get help with this problem

More problems and fixes

This library gives general guidance on the Trade Marks Act 1999 and Trade Marks Rules 2017 as they stood on the review date. Portals and rules change. Check the current form instructions, or ask a professional, before acting on a deadline or a notice. Related: Trademark FAQ · Trademark status guide · Trademark Registration · Trademark Search · Trademark Class Finder

Last Note

If your brand could only get one thing right, make it the trademark.

That is what we help you decide. Then we search it, file it, defend it, and keep it renewed for the next ten years — from Ahmedabad, for all of Gujarat.

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