Examination of Trademark Application in India

How the trademark registry is conducting examination of application ?

After the filing of the Trademark application, the examination will be conducted. The Trademark Registry submits the first examination report, this report can state any further requirement needed such as  information’s/ documents  in compliance of the Trademark Acts or in case the application appears failing the Trademark criteria.  There are absolute grounds and relative grounds of refusal

ABSOLUTE GROUNDS:

1.     The marks  which are devoid of any distinctive character

2.     Which consists exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity intended purpose, value geographical origin or the time of production of the goods or rendering of the services or other characteristics of goods or services.

3.     Which consists exclusively of marks or indications which have become customary in the current language or in the bonafide practices of the Trade.

4.     Which contains or comprises any matters which hurt the religious sentiments of the people.

5.     Which are prohibited under the Emblems and Names prohibition Act 1950.

6.     Which deceives or causes confusion to the public.

7.     Which consists of marks which results in nature of goods themselves.

 RELATIVE GROUNDS:

1.     A mark is similar / identical to an earlier Trademark for the same or similar goods/ services.

2.     A mark is similar/ identical to an earlier mark for different goods/services.

Examination of Trademark Application in India

However a mark which is initially refused by the registry can be registered if the mark has obtained a distinctive character. Ones the registry finds any such reason for refusal, it will send the objection letter to the client, and a reply to the objection must be submitted with the department within a month. The reply must be submitted with the evidence to support our mark.

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