Today, a large number of companies have begun to obtain trademark registration. Applying for a trademark before the completion of the registration process involves a risk as the trademark application may be rejected at any time. If your application is rejected your company name will be compromised. All your energy, time, effort, and money will be wasted. Therefore, for your brand to be successful, you must be careful when choosing a brand or company name. Avoid using copied words or symbols. In this article,we will discuss how to avoid rejections of trademark registration.
A registered trademark can assist the trademark owner to prevent unauthorized use of the trademark and to create significant corporate assets. The longtime period forthe trademark registration process usually takes approximately between 12-18 months to ascertain the final footing of a completed trademark application. As the process of applying for a trademark takes a long time, many businesses begin to build a mark near the mark while the trademark application is still pending. If the trademark application is finally accepted and the trademark is registered, then the attempts spent on product layout are secured. However, if for some reason the brand is not registered, then there is a chance that the product will be in jeopardy. Therefore, we should avoid errors while choosing a business name or trade name to prevent rejection.
Reasons for Rejection of Trademark Application
An application for registration of a trademark may be rejected by an examiner appointed by the Trademark Registry if the examiner is dissatisfied with the application for certain reasons. Those reasons for opposing a trademark are specified under sections 9 and 11 of the Trademarks Act, 1999.
Absolute Grounds for Refusal (Section 9)
Under this section, any trademark is rejected if-
Relative reasons for the refusal (Section 11)
Under this section, there are certainly compelling reasons to refuse a registered trademark registration. Those marks were rejected as a well-known trademark that already existed. Such marks can confuse people’s minds because of their identities and well-known registered marks. Therefore, under such circumstances, the trademark is refused by the Registrar.
In some cases, the Trademark Registrar may refuse to register a Trademark for some reason and may refuse the application. The following are the reasons for the rejection of the mark:-
How to avoid rejections of trademark registration?
Perform Proper Mark Search: An applicant applying for mark registration must do thorough research before submitting it. The applicant is required to view a unique and distinct mark other than the existing mark. Before applying, the applicant must prepare or make changes to the application and verify it carefully to avoid future rejection of the registration of the mark.
Avoid deceptive terms: The mark applied by the applicant must be different. The applicant needs to be very careful when choosing his or her brand because it should not be deceptively similar to the existing one known. A mark with a unique identity must be selected by the applicant before applying for the registration of a mark.
Avoid offensive marks: The applicant must choose a mark that is not offensive to people or that is not against the ethics and order of the community. Therefore the offensive mark on the application will automatically be discarded by the registrar so the applicant should avoid choosing that mark.
Avoid descriptive marks: Common marks cannot be used for a token. If the label contains any descriptive word that is commonly used for example sweet word in selling products such as chocolates or sweets will be discarded by the registrar. Therefore, the applicant should not use a descriptive brand of his product.
Do not use obscene marks: The applicant must avoid using harsh, offensive, provoking words or slang as they will be rejected by the registrar.
No use of Patriotic Mark: If the trademark contains an official name, flags, national emblem, animal image, regions, international organizations, etc. then the trademark is rejected by the registrar. There is therefore no sign which is patriotic to be used by the applicant for his or her product.
Avoid using generic terms: Those trademarks that represent the activity of a particular product or business idea may be rejected by the registrar as a result of using a common name. Therefore, the applicant should avoid using common brand names.
What happens if the Trademark Application is rejected?
If the application by the applicant is refused to register on the grounds stated under Sections 9 and 11 of the Trademarks Act of India, 1999, the applicant has the right to appeal to the Appellate Board against the registrar of trademarks. An appeal may be lodged within three months from the date of rejection of the mark. However, the date may be extended by stating the reasons for not filing a complaint within the timeframe to the relevant authority.
Trademark Registration is an important step for everyone who needs to protect and develop their brand in the market. Without a registration process, the product may suffer from trademark infringement and no legal aid may be available for the same. Therefore, a person applying for trademark registration must apply for it carefully and avoid being denied trademark registration for various reasons. Some ideas need to be kept in mind to avoid the rejection of the Trademark Registration application discussed in the article. This article gives an overview ofhow to avoid rejections of trademark registration.
Neelansh Gupta is a dedicated Lawyer and professional having flair for reading & writing to keep himself updated with the latest economical developments. In a short span of 2 years as a professional he has worked on projects related to Drafting, IPR & Corporate laws which have given him diversity in work and a chance to blend his subject knowledge with its real time implementation, thus enhancing his skills.
LegalWindow.in is a professional technology driven platform of multidisciplined experts like CA/CS/Lawyers spanning with an aim to provide concrete solution to individuals, start-ups and other business organisation by maximising their growth at an affordable cost.