What could not be registered as trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
When can a trademark not be registered?
A Mark shall not be registered as a Trade Mark if it causes: Confusion or deceives the public; or. Hurts religious susceptibilities of class/ section of citizens of India; or. Comprises/contains scandalous/obscene matter which is against the morality of the public; or. Is prohibited under the Emblems and Names Act.
What is not an example of a trademark?
Merely conveying information about goods/services FRAGILE for labels and bumper stickers. GUARANTEED STARTING for motor vehicle services. HOURS OF ENERGY NOW for dietary supplements. UNLIMITED CARRYOVER for telecommunication services.
What can be registered as trademark?
What can be registered as a Trademark?
- Name. The name can be further categorized as a product name, business name, name of any individual or surnames.
- Product name.
- Business name. A trademark can be taken in the name of the business or company.
- Name of a person.
- Surnames.
- Logo or symbols.
- Tag line.
- Sound mark.
Which is not protected by trademark laws?
Logos, pseudonyms, and trade dress are all protected by trademark laws. However, book titles are rarely protected under trademark law because of judicial reluctance to protect titles that are used only once.
Can trademarks be unregistered?
unregistered trademark. You do not have to register your trademark; by using a trademark for a certain length of time, you may have rights under common law. However, if you use an unregistered trademark and end up in a dispute, you could be looking at a long, expensive legal battle over who has the right to use it.
Can an unregistered trademark be licensed?
It is permissible to license an unregistered Trade mark. Permitted use without recordal of Registered User is permissible under the Trade Marks Act 1999, which came into force on September 15, 2003.
What can be registered as a trademark?
The trademark can just be the name of the company or product but does not need to be and can be:
- Words – eg company name or product name.
- Letters.
- Numerals.
- Designs – eg shapes, symbols, patterns, logos and signs.
- Colours.
- Sounds – eg jingles.
- Shapes of goods or packaging – eg three dimensional (3d) shapes.
What Cannot be trademarked UK?
Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.
What marks are not registerable under the new trademark act?
Names, numerals, letters, devices, a combination of colours, slogans, signatures, sound marks and smells inter alia may be registered. It defines what marks are not registerable under Sections 9 (Absolute grounds for refusal) and 11 (Relative grounds for refusal). As per Section 9 (1) of the new Act, a Trademark shall not be registered:
Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.
Can a generic word be trademarked?
A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can’t be trademarked. In general, Generic words can’t be trademarked. For example you can’t trademark the words like TV, Fridge, scooter, car etc.
What are the grounds of refusal for trademarks?
The Trademarks Act (1999) makes this easy by dividing what cannot be registered into two grounds: absolute grounds of refusal (Section 9) and relative grounds of refusal (Section 11). Section 9, simply put, disallows the following trademarks from being registered trademark: Trademarks that do not have a distinctive character.