What are the absolute grounds for refusal of registration of trademark?

What are the absolute grounds for refusal of registration of trademark?

Absolute Grounds For Refusal Of Registration Trademarks which exclusively contain marks or indications which serve in trade to define the kind, quality, quantity, intended purpose, values or geographical origin of goods or services rendered.

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).

Which of the following is an acceptable reason for refusal to register a trademark?

generic, 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.

How much of Indian RPC is used over ground?

Answer: your answer is option c about 30 percent .

What Cannot be registered as trademark?

The trademark as under are prohibited if it; Possesses such nature which deceives the public. Contains any word or matter which is likely to hurt religious sentiments of any class of citizens of India. Contains scandalous or obscene content. Prohibited under the Emblems and Names (Prevention of Improper Use) Act.

Which trademark can be registered?

One can have a trademark on letters, abbreviations, or a combination which are used for business and which are able to distinguish the goods or services offered by one person from another’s.

What are the grounds of refusal of a trademark?

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 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.

Which trademark Cannot be registered?

Descriptive trademarks cannot be registered. Marks that have become customary in the current language. For example, a consumer associates a restaurant with a chef. Apart from this marks that are deceptive, hurt religious sentiments, are obscene or describe the shape of the good cannot be registered.

What happens if you don’t register a trademark?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

What happens if my trademark is denied?

If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully before continuing to use the trademark in commerce.

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]