Trademark Objections

• which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
• which consist exclusively of marks or indications which may serve in trade to 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;
• which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

• A trade mark shall not be registered if, because of—
  • its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or
  • its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.
• A trade mark which—
  • is identical with or similar to an earlier trade mark; and
  • is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and 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 trade mark.

A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark. So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.

Once the application for Trademark registration has been filed it will be examined by the Trademark Registration that the application is complete in all respects. He will examine the application by keeping in mind that all the requirements mentioned in the Act has been complied.In case the application is complete in all respect the examiner will approve the application by publishing the same Trademark Journal.In case the application is found to be similar or incomplete in any other manner the same will be informed by the examiner to the applicant by Examination Report.

An examination report can also be issued if the trademark is similar to or identical to any other Trademark registered already.An opportunity of being heard is given for filing the reply objections or concerns raised by the Examiner. The revert or reply to the examination report has to be filed within 30days of date of examination report otherwise the application will get abandoned.