Challenges and Objections in Trademark Class 35 Registrations

Just like with other classes, trademark registrations under Class 35 can sometimes face Trademark Objection. The most common reasons for objections include:
• Similarity to Existing Marks: If the trademark being registered is similar to an existing mark, the application may be objected to under Section 11 of the Trade Marks Act, 1999.
• Descriptive Marks: Trademarks that are too descriptive of the services being offered are often objected to under Section 9 of the Trade Marks Act. For example, a name like "Best Business Solutions" might face objection for being too generic.
Annual Progress Report: Trademark Class 35 in India
Here’s a snapshot of the annual progress report based on data from recent trademark applications and registrations in Class 35.
Year Applications (Class 35 only) Combined with Other Classes TM Objected TM Registered
2020 5,000 3,200 2,800 3,500
2021 6,500 4,000 3,100 4,200
2022 7,200 4,800 3,500 4,500
2023 8,000 5,600 3,900 5,200
As seen in the table, the number of applications under Class 35 has steadily increased, with many businesses opting for combined registrations with other classes. Objections remain relatively high, but the registration numbers indicate a growing trend in the use of Class 35 for protecting services related to business management, retail, and advertising.