Launching a trademark for musical instruments—be it tablas, acoustic guitars, or electronic keyboards—requires careful navigation of Class 15 under the Indian Trademark system. However, many applicants make preventable mistakes that can delay the process, trigger objections, or even lead to rejection. This comprehensive guide highlights critical missteps in Class 15 filings and shows you exactly how to avoid them for a hassle-free, professional trademark process.
1. Filing Under the Wrong Class
❌ The mistake: Including non-Musical goods or mixing unrelated categories in one Class 15 application.
🎯 The fix:
- Class 15 is for musical instruments and accessories—guitars, drumsticks, synthesizers, cases, stands, tuning forks, etc.
- For software or apps: use Class 9. For clothing: Class 25. For music training and education: Class 41.
- Accurately defining your goods prevents rejections and ensures focused protection.
2. Skipping a Comprehensive Trademark Search
❌ The mistake: Relying solely on memory or a quick web check before filing.
🎯 The fix:
- Use IP India’s Public Search to check existing Wordmarks, Phonetics, and Vienna Code entries within Class 15.
- Search for variations, translations, and similar-sounding names.
- Keep screenshots and notes—documentation of your search is invaluable during examination or disputes.
3. Choosing Descriptive or Generic Names
❌ The mistake: Picking names like “Tabla Master” or “Guitar Guru” deemed weak and generic.
🎯 The fix:
- Create suggestive or coined names: RagaWave, TuneCraft, StratoTone.
- Ensure your brand is memorable, unique, and less likely to face objections.
4. Using Vague Product Descriptions
❌ The mistake: Filing with placeholders like “musical instruments.”
🎯 The fix:
- Provide granular detail in the description:
- E.g., “Electric guitars; acoustic guitars; guitar amplifiers; guitar strings; audio mixers; MIDI controllers.”
- A well-defined list reduces examiner queries and sets stronger protection boundaries.
5. Mixing Unrelated Goods in One Application
❌ The mistake: Adding merch or software to a Class 15 trademark application.
🎯 The fix:
- File separate applications for each class (multiclass filings if needed).
- Keep music products in one, software in Class 9, education services in Class 41, and clothing in Class 25.
- Clear segmentation avoids processing delays and classification errors.
6. Uploading Poor-Quality Logos
❌ The mistake: Submitting blurry, pixelated images of logos or stylized marks.
🎯 The fix:
- Use vector files or high-resolution PNG/JPEG (300 DPI+) with clean lines.
- Ensure proper color reproduction and image clarity—these are critical in examination.
7. Ignoring Phonetic Conflicts
❌ The mistake: Overlooking names that sound alike, like “RagaWayv” vs. “RagaWave.”
🎯 The fix:
- Always run the Phonetic search in addition to Wordmark.
- Choose names that are audibly distinct to avoid costly objections.
8. Disregarding Abandoned or Dormant Marks
❌ The mistake: Assuming “Abandoned” status means freedom to use a mark.
🎯 The fix:
- Check renewal records and historical filings of abandoned marks.
- Seek legal advice if a dormant mark recently expired or is used in commerce abroad.
9. Delaying Registration
❌ The mistake: Waiting until product launch or funding rounds.
🎯 The fix:
- File before major manufacturing, social media campaigns, or investor talks.
- Early trademark registration deters copycats and strengthens brand positioning.
10. Ignoring Future Product Diversification
❌ The mistake: Filing only for primary instruments and forgetting accessories or software later.
🎯 The fix:
- Plan ahead—cover all foreseeable products (e.g., expand from guitars to tuners and apps).
- Use multi-class filing or submit new applications as the lineup grows.
11. DIY Filing Without Expert Review
❌ The mistake: Assuming the process is simple and skipping legal consultation.
🎯 The fix:
- Consult experienced IP professionals like VMK Professionals.
- They can optimize your mark, descriptions, and respond to tricky objections or oppositions.
12. Missing Objection Response Deadlines
❌ The mistake: Failing to reply within 30 days to an Examination Report.
🎯 The fix:
- Monitor the application status regularly via IP India’s portal.
- Prepare and file responses promptly—legal representation ensures compliance and quality.
13. Overlooking Opposition Proceedings
❌ The mistake: Thinking publication guarantees registration.
🎯 The fix:
- Be prepared: once published, your mark is open for a 4-month opposition window.
- Maintain evidence of first use and brand recognition to counter opposition effectively.
14. Forgetting to Renew
❌ The mistake: Letting your trademark expire after 10 years.
🎯 The fix:
- Set reminders to renew in the 9th year.
- Ensure proof of use for renewal and expect minimal fees if filed on time.
15. Not Maintaining Proof of Use
❌ The mistake: Not tracking marketing or sales material featuring your mark.
🎯 The fix:
- Keep invoices, bill of materials, product listings, packaging, and screenshots.
- This documentation is invaluable for disputes, evidence of ongoing use, and renewal.
16. Missing Ongoing Monitoring
❌ The mistake: Believing that registering is sufficient to protect your mark.
🎯 The fix:
- Use monitoring tools to track new trademark filings in Class 15.
- Watch e-commerce platforms for infringing products—take down notices early.
17. Overlooking E-Commerce Registration
❌ The mistake: Selling on Flipkart, Amazon, or TikTok Shop without trademark.
🎯 The fix:
- Register your trademark to access Brand Registry on these platforms.
- This gives you control, removes hijackers, and builds buyer trust.
18. Confusing Wordmarks vs. Device Marks
❌ The mistake: Submitting only the word mark and expecting logo protection, or vice versa.
🎯 The fix:
- File separate applications if you want rights over both text and logo.
- Clearly designate whether your application is for a word mark, device mark, or both.
19. Inconsistent Brand Usage
❌ The mistake: Using different variations of your mark—lowercase, color changes, changed fonts.
🎯 The fix:
- Standardize your branding with brand guidelines across all materials—website, labels, invoices, and promo materials.
- Consistency demonstrates genuine use and strengthens legal rights.
20. Neglecting India-Specific Guidelines
❌ The mistake: Filing based on global standards without following IP India’s procedures.
🎯 The fix:
- Follow India’s TM-A application form strictly—correct applicant type, address, signature format.
- Adhere to the Indian Trademark Rules—not international templates alone.
📝 Quick Snapshot: Common Errors vs. Smart Solutions
| Error | Solution |
|---|---|
| Wrong class filing | Use Class 15 only for musical instruments and accessories |
| Skipping full search | Screen word, phonetic, and logo similarity |
| Generic names | Create unique, branded terms |
| Vague descriptions | Clearly itemize your goods |
| Mixing goods | Use multiclass filings correctly |
| Logo quality issues | Provide clean, high-resolution files |
| Ignoring phonetics | Always run phonetic searches |
| Overlooking dormant marks | Research revitalized or expired trademarks |
| Delaying filing | Register at ideation or prototype stage |
| Insufficient planning | Anticipate product line growth |
| Self-filing errors | Seek expert guidance |
| Missing deadlines | Track timelines; respond quickly |
| Not renewing | Schedule renewals proactively |
| No usage proof | Store testimonials, social posts |
| Lack of monitoring | Use watch services |
| e-Commerce omission | Register to use Brand Registry |
| Confounding word/logos | File both if needed |
| Inconsistent branding | Use brand style guides |
| Neglecting Indian context | Follow IP India procedures |
✅ Final Take
Successfully registering a Class 15 trademark in India requires careful planning, research, and execution. Avoiding these top 20 mistakes will help you achieve:
- Faster processing times
- Stronger legal protection
- Higher credibility with consumers and partners
Whether you’re building a guitar brand, tabla line, or a DJ instrument venture, a well-executed filing strategy is essential for long-term success.
🎵 Need Expert Help?
At VMK Professionals, we specialize in musical instrument trademark support—from searches and filings to oppositions, renewals, and monitoring. Let us handle the complexities so you can focus on creating inspiring instruments.
👉 Contact us today to protect your brand in the music world.
