What are the absolute grounds of refusal?
Trademarks which are not capable of distinguishing the goods/services of one person from those of another person are devoid of distinctive character and thus liable for objection under absolute grounds for refusal of trademarks.
What are the absolute and relative grounds of refusal of trademark?
The grounds for refusal are divided into two classes described as ‘absolute grounds for refusal’ (which relate to the intrinsic qualities of the mark and its ability to function as a trade mark) and ‘relative grounds for refusal’ (which relate to conflicts with earlier rights).
On what grounds can you oppose a trademark?
The most common reasons for opposing a trade mark application is that: the trade mark is descriptive of the goods and/or services. that it is generic for those goods/services. it’s non-distinctive and should be free for everyone in that line of trade to use.
What are the grounds of refusal for the registration of a trademark whether the unregistered trademarks can be protected under the trademark Act 1999 discuss?
A trademark may be refused registration if it is: similar or identical to an earlier trademark for the same or similar goods or services; or. similar or identical to an earlier trademark in respect of different goods or services.
What happens if trademark is rejected?
If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). An appeal to the IPAB must e filed within three months of the date of issuance of the refusal order by the registrar.
Why is a trademark refused?
The grounds of Trademark refusal can be Absolute grounds, Relative grounds or related to improper classification of the goods/services, inadequate information about the Applicant or the like.
What are absolute grounds trademarks?
Absolute grounds refer to the incapability of marks to be distinctive or graphically presented. Furthermore, deceptive marks or marks that are against the public order will also be automatically refused.
What are relative refusal grounds?
“Relative grounds” means the reasons set down in the Trade Marks Act for refusing to register a mark by considering it in relation to other earlier trade marks.
How do I oppose a trademark registration?
In order to file an opposition, you must file a notice of opposition with the USPTO. In this notice, you must plead the grounds of your opposition and explain why the application should not register. Once your notice of opposition is filed, the applicant has thirty days to respond with an answer.
What happens if a trademark is refused?
What does refused mean in trademark?
The trade mark status in the Indian Trade Mark Registry website shows as “Refused” when the Registrar/Examiner has refused a trade mark application after considering or hearing the applicant’s response to an examination report. Effectively, the trade mark application is not in force.
What words Cannot be registered as a trademark?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
What are the grounds for refusal of a trademark registration?
T rade Marks Act, 1999 includes the grounds for the refusal of the trademarks. Section 9 and 11 of the Act provide for the absolute and relative grounds for the refusal of the trademark registration. Section 9 of the Trade Marks Act, 1999 include the Absolute ground.
What are the absolute and relative grounds for refusal of registration?
Basically, absolute grounds for refusal of registration are clear. Relative grounds for refusal are dealt differently. It deals with the mark in connection to other earlier marks. This Section provides that a mark is often refused due to its identity and association with an earlier trademark and similarity of products or services covered by
What is the absolute ground for registration of a trademark?
Section 9 of the Trade Marks Act, 1999 include the Absolute ground. Trademarks which are not capable of distinguishing the goods or services of one person from that of another person. This section proscribes registration of marks, which lack of any distinct character.
What happens if a trademark is not protected?
Unprotected mark is going to be considered also mark in conflicts with a previous right in another trademark or other distinctive sign also will be refusal, during the case for relative ground. Accordantly to the present, the owner, during creating his mark should be original, natural, creative etc. [1]