Trademark Rejection Objections , Conditions and Restrictions
Trademark Rejection : Objections , Conditions and Restrictions
A trademark application is scrutinized thoroughly by the officers of the registry if they find any infringements of any kind of the law or of other registered marks they may reject the registration application of the mark. At this point, the status of the application will show “Marker for Exam”.
The following are the grounds for rejection of the trademark registration application.
• Application process
• Similar to a registered trademark
• Descriptive words or design
• General words or design
General words like PENS or PENCILS cannot be trademarked for selling pens or pencils as only one company cannot be given the term to use uniquely. Therefore such a mark may be rejected from registration by the examiner.
• Offensive terms or design
A trademark cannot contain an offensive term or design, as such a mark will be against the public morality and public order. Therefore terms of designs that are offensive will usually be rejected by the examiner.
• Confusing terms or design
• Official designs or words
• Conditions and restrictions
• Objection under Section 9
Section 9 of the Act gives absolute grounds for refusal of registration. Section 9 rejects any mark that is:
• deceptive of origin of goods or services,
• deceptive about the nature of the goods or services,
• deceptive about the quality of the goods or services
• Objection under section 11
• Section 9 of the Act
• Section 11 of the Act
• Trademark for one class
If the appellant had applied for a trademark under one class using form TM-1 then he has to use Form 2 from the Trade Marks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules. The fee for this appeal is rupees 5,000.
• Trademark for two or more classes
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