Grounds for the Refusal of the Trademark Registration

Trademarks are the base of a company’s brand. It carries a feature of silent marketing of the business and its products. It helps in generating the trust between company and its customer. And to create your unique brand name or to secure the business legally, Legal Window’s expert suggests you register your brand name or logo under the Trademark Act, of 1999. However, certain situations can become the hurdle in the process of registration. This article will brief you on the ground for the refusal of Trademark registration.

Meaning

According to the Trademark Act, of 1999, Trademark means any special symbol, design or name that a company use on its product and cannot be used by any other company. A company or an individual may apply for the trademark of an Intangible asset. The submitted application is examined on the prescribed grounds by the registrar. But in case of any loopholes, the registrar may refuse the trademark. And this article gives you whole information on the grounds for the refusal of the Trademark registration.

Grounds for the Refusal of the Trademark Registration

On the examination of an application, the registrar may determine the following reason for the refusal of trademark registration as mentioned below:

• Absolute grounds for the refusal of trademark registration.
• Relative grounds for the refusal of trademark registration.

Absolute grounds for the refusal of Trademark registration (Section 9)

• A trademark that has no distinctive characters.
• A trademark that indicates only quality, quantity, value, purpose or geographical origin.
• A trademark contains marks or indications which have become customary in language.
• Trademarks that can create confusion regarding the public domain.
• Trademark contains any matter that hurts any religion or any class or citizen of India.
• A trademark that indicates any wrong message or information or offensive.
• A very common trademark and already in the practice of trade.
• Trademark of which use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
• The shape of goods results from the nature of the goods themselves.

There is a certain exception about the above-mentioned 3 points if the trademark is acquired a distinctive character as a result of the use or is a well-known trademark before applying for registration.

Relative grounds for the refusal of Trademark registration

The registrar, in addition, may refuse the trademark if:

• It is resembling with an earlier trademark.
• It is taking unfair advantages of a similar to an earlier trademark of goods and services.
• It is taking unfair advantage of a similar well-known trademark.

Section 11(4) also provides that if the earlier proprietor of a trademark gives his consent for registration, then the registrar can register the trademark.

Prohibition of name for registration (sections 13 and 14) 

Section 13 and 14 of the Trademark Act, of 1999 highlights the prohibitions while choosing the name. The registrar may refuse the trademark registration on the grounds related to the name as mentioned below:

• Trademark which is a word related to a chemical element or chemical compound or chemical substance cannot be registered.
• A trademark that falsely creates a connection with any living being. However, the registration will be valid with the consent of such a living being.
• A trademark that falsely creates a connection with any dead person. However, the registration will be valid with the consent of the legal heir of such a dead person.

Precautions to avoid refusal of the Trademark registration

• Good research: Firstly, go and make proper research for the special or unique name. Make sure that the mark has a distinct identity from the existing marks.
• Avoid misleading or ambiguous marks: Be very careful, your mark should not be misleading that is the mark should have its separate identity.
• Avoid Disrespectful Mark: Choose a mark that is offensive or disrespectful to the public.
• Avoid Descriptive marks: Applicant cannot use any word or mark which commonly used.
• Avoid Filthy marks: Avoid slang words, Provoking terms or repulsive words while choosing a trademark.
• No Generic words: For trademark, avoid generic words that are the word which highlight the particular activity of a product or business idea.
• No Patriotic symbol: Applicant must avoid flags, national emblems, animal images, states, international organisations etc in trademark.

Consequences of Refusal of trademark registration

To protect and promote the brand name, every individual or business has to register a trademark. Without registration, a brand can suffer from trademark infringement.

If the application is refused by the registrar on the grounds as mentioned in section 9 and section 11 of the trademark act,1999 then within 3 months can appeal to the appellate board.

Takeaway

The registration of a trademark under the trademark act,1999 is mandatory to conduct business legally. For the registration process applicant must pay due attention to follow the procedure. Legal Window will assist you in every step of the registration procedure and help you in avoiding the refusal of trademark registration. You may contact us at 072407-51000 or email at admin@legalwindow.in