Grounds for Refusal of Trademark Registration

Grounds for refusal of registration of the trademark

Grounds for Refusal of Trademark Registration

Introduction

According to the Trademark Act, of 1999, a trademark means any symbol, design, name, and graphics that a company uses for its product and services by which no other company can use a similar trademark for similar goods. The registrar examined the submitted application on the prescribed grounds. But if there is any defect the registrar can reject the trademark.

Table of Contents

Two Types Grounds for Refusal of Trademark Registration

Two types of Grounds for refusal of registration of the trademark:

Absolute Ground (Section 9):

A trademark that has no distinctive character.
A trademark consists of signs and symbols that are pervasive language.
A trademark that conveys a false message and information that is objectionable.
Trademarks that may confuse the public.
The trademark should not contain any material that insults any religion any class and citizen of India.
A trademark that merely indicates quality, quantity, price, purpose, and geographical origin.
Trademarks that are very common and are already in commercial use.
The shape of objects arises from their nature
Trademarks that contain immoral and scandalous and obscene material.

The use of such trademark is restricted under the Names and Logo (Prevention of Improper Use) Act, 1950.

Relative Ground (Section 11):

A trademark that resembles an existing trademark (section 11(1)).
A trademark that takes unfair advantage of the similarity of the goods and services to the existing trademark (section 11(2)).
A trademark that takes unfair advantage of another similarly well-known trademark (Section 11(3)).

Prohibition of registration of name (Sections 13 and 14)

Restrictions on registration of trademarks for names under Sections 13 and 14 of the Trademarks Act, 1999:

A trademark that contains any kind of chemical element, compound, and substance cannot be registered.
A trademark that falsely associates a living being with another. However, registration can be valid only with the consent of a living being.
A trademark that falsely establishes an association with a deceased person. However, the registration can be valid only with the consent of the legal success of the deceased person.

Precautions to avoid refusal of trademark registration

Do proper research for a special and unique name. Make sure the mark is distinguishable from existing marks.
Avoid that mark which is offensive and disrespectful to the public.
Avoid marks that contain common words.
Avoid using generic terms that show a specific product and business idea activity.
Your mark must have a unique identity, and make sure that it does not create confusion among the public.
Avoid the use of flags, national emblems, international organizations, animal images, states, etc. in the trademark.

Consequences of refusal of registration of trademark

Registration of trademarks is essential for protecting the brand identity and reputation. Each individual has to register a trademark to protect their brand. If in any case, the registrar refused the application then you have 3 months to appeal to the board.

Conclusion

Trademark registration is a lengthy and complex process but it is important for your brand. during the registration process, you may face several hurdles The most faced obstacle is the Grounds for refusal of registration of the trademark. understanding the absolute and relative grounds for rejection, and making sure that their trademark meets all legal requirements, applicants can increase their chances of having their application accepted and their brand legally protected.

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