The registrar can reject the trademark application under Sec 9 on the absolute ground on the following basis:
- Section9(1) of the Act containing provisions relating to absolute grounds for refusal for registration limit the registration of those trademarks emblems which can be without someone of a type person or which consist entirely of emblems or warning signs which can also serve in exchange to designate the sort, outstanding, quantity, intended motive, and so forth., or which consist genuinely of marks or indicators that have emerge as not unusual within the present day language or in the bona fide and established practices of the change.
- If a mark is devoid of any distinctive character, e.g. where any character of any language or any shape has not been specially designed or visible.
- Any mark which shows just kind, quality, quantity or intended purpose of any goods, e.g. trademark of any goods can’t be “500 gram”
- Mark consisting of marks or indications which are customary in current language, e.g. OMG (abbreviation of Oh My God) cannot be the trademark.
- However, where trademark which bears distinctive character because of its use, or is well-known to the public is allowed, e.g. “Sugar-free” mark shows just quality but still allowed because this product is well-known to the public.
- If a mark is capable to deceive or cause confusion to the public, or hurt religious susceptibility, or is obscene, it will not be registered.
- In brief, an indicator which has been verified to be exclusive within the market will be appeared as extraordinary in law as well and be registerable
- Sub-section (3) prohibits registration of a trademark if it is composed solely of the shape of products which result from the nature of the goods themselves or which gives a sizable cost to the products.
- It is, however, explained that the character of products or services in relation to which the Trade Mark is used or proposed to be used shall no longer be a ground for refusal of registration.
- However, a trademark shall not be refused registration, if the mark has in fact acquired a special man or woman as a result of use or is a well-known trademark earlier than the date of the software.
Relative Grounds for Refusal of Registration
- Section 11 stipulates that wherein there exists a chance of confusion on the part of the public due to the identity with an in advance exchange mark or similarity of products or services, the change mark shall not be registered.
- The registration of a mark that is simply replica or imitation of the famous mark is likewise prohibited.
- Accordingly, it's been stipulated that a alternate mark that's equal with or much like an in advance trademark and is to be registered for proper or services which aren't just like the ones for which the earlier exchange mark is registered inside the name of a specific proprietor, shall not be registered if and to the extent the earlier exchange mark is well-known alternate mark in India and the use of the later change mark without due reason could take unfair gain of or be unfavorable to the specific character or fame of the sooner change trademark.
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