GROUNDS OF REFUSAL
Registration of trademark can be refused in the following cases-
Absolute grounds for refusal of Trademark registration.
(a) The trademarks which are not capable of distinguishing the goods or services of one person from those of another person: (Not distinctive)
(b) The trademarks which consist exclusively -designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service.
(c) The trademarks which have become customary in the current language or in the bona fide and established practices of the trade, Exception – a well-known trademark.
(d) The trademarks deceive the public or cause confusion.
(e) The trademarks contain matter likely to hurt the religious susceptibilities
(f) The trademarks comprise or contains scandalous or obscene matter
(g) The trademarks contain word whose use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
(h) The trademarks consist of the shape of goods which results from the nature of the goods themselves; or
(i) The trademarks consist of the shape of goods which is necessary to obtain a technical result; or the shape which gives substantial value to the goods.
Relative grounds for refusal of Trademark registration.
(a) A trademark shall not be registered if identical or similar with an earlier trademark and or
(b) There is likelihood of confusion on the part of the public, or association with the earlier trademark.
(c) A trademark is identical with or similar to an earlier trademark; and
(d) A trademark is similar to a well-known trademark in India and the
(e) The use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trademark.
(f) Use of trademark shall be prevented—
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- by virtue of any law in particular the law of passing off protecting an unregistered trademark used during trade; or
- by virtue of law of copyright.
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For any type of assistance feel free to contact or reach us at: – MG Associates (Company Secretaries)- CS Manisha Mittal – 70152-77705
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