Deciding on a memorable brand name or emblem is not the only effort involved in managing the complex world of registration of trademark. It needs an in-depth awareness of the reasons why requests for trademarks could be turned down. We set out to explore the multitude of variables that trademark researchers consider when examining petitions as we explore the complicated issues underlying the dismissal of trademark registration in India during this blog.
What do you Mean by Trademark?
The Trademarks Act which came into existence in the year 1999 defines a registered trademark as any mark that may be represented visually and that can be utilized to identify the goods as well as services of one person with those of others. This definition is found in Section 2(1)(zb) of the act. Words, names, symbols, logos, hues, characters, numbers, forms, signatures, packaging, and every combination of these may be used. It also includes marks that are used or intended to be applied in connection with products or services to denote a relationship during business between the items or services being sold and the legal owner of the mark.
Absolute Refusal Grounds of Registration of Trademark
Section 9 of the trademark laws of India, focuses on the fundamental elements of the trademark itself, which include originality and descriptiveness, and deals mainly with absolute grounds for rejection. It requires a guarantee that trademarks can carry out their principal purpose of identifying the source of products or services only then they can be registered in India. Some of the key absolute grounds for the refusal of the trademarks from their registration are mentioned or discussed below:
- Lack of distinctiveness.
- Descriptiveness of goods or services.
- Deceptiveness or confusion.
- Non-compliance with public order or morality.
- Use of generic terms.
- Indication of geographical origin.
- Shape that results from the nature of the goods.
- Contrary to law or government requirements.
- Functional features necessary to obtain a technical result.
- Deceptively similar to a well-known trademark.
- Contains national flags, emblems, or symbols.
- Reproduction of official signs or hallmarks.
- Misleading or deceptive elements.
Relative Refusal Grounds of Registration of Trademark
However, Section 11 outlines the relative causes of rejection, which takes into consideration the already existing trademarks in the industry. By preventing misconceptions or linkages between various marks, it seeks to uphold market credibility and transparency while preserving the legal rights of previous trademark investors. Some of the key relative grounds for the refusal of the registration of trademark are:
- Likelihood of confusion with an earlier trademark.
- Similarity to a trademark with a reputation.
- Unregistered but well-known trademarks.
- Bad faith application by the applicant.
- Confusing similarity with a well-known mark in another class of goods or services.
- Infringement of prior rights, such as copyright or design rights.
- Unauthorized use of personal names or portraits.
- Violation of geographical indications or traditional terms.
- Objection based on prior use or prior registration.
- Consent requirements for coexisting trademarks.
What do you Mean by Trademark registration in India?
The legal procedure for obtaining the sole right to apply for a logo, tagline, or sign for specific products or services is known as the registration of trademark in India. It entails applying to the proper government body, having it reviewed to make sure that all regulations are met, publishing the petition in case other parties object, and, if approved, issuing a certificate of registration. Shareholders of registered trademarks are shielded legally from unlawful use by this protection, which is renewed annually.
When can a Trademark get Refused to get Registered?
For the protection of brands and identification in the complex world of proprietary rights, obtaining a registered trademark is important. But hardly every request goes through the formal trademark registration process without hiccups. Any company or person requesting trademark security must be aware of the reasons for rejection under sections 9 and 11 of the
Trademark Act of 1999. If your trademark falls under any of the grounds of mentioned two sections, then it will get rejected which means it cannot be registered. Some of the common conditions when a trademark got rejected or refused to get registered are:
Absence of Uniqueness
- To differentiate themselves from descriptive or general phrases, trademarks must be original.
- Licensing requests for expressive marks that accurately represent the products or services are frequently denied.
- You can improve registrability by creating unique, one-of-a-kind markings or by giving descriptive phrases distinctive parts.
Probability of Confusion
- Customer ambiguity may result from similar trademarks to or akin to already-registered marks in the same or relevant category.
- The similarity in look, sound, or significance is taken into account, in addition to the type of service or product in question.
- To reduce this danger, a thorough trademark search should be done before applying.
- Terms used to refer to common items or offerings are not protected by trademarks.
- Mixing general phrases weaken the uniqueness of the trademark and makes it harder to recognize the brand.
Unethical or Hyped matter
- Trademarks that contain features that are scandalous, unlawful, or offensive may not be accepted.
- Marks are examined by authorities to make sure they conform to society’s standards and ideals.
- The chance of a trademark being rejected is reduced when it is crafted by moral principles and the public’s opinion.
Geographic Evidence and Descriptive Marks
- Geographical indicators, which indicate the origin of the good from a certain area could be rejected if they are applied improperly or falsely.
- A valid registration of a trademark requires adherence to the local designation laws.
- Trademarks that give customers false information about the type, caliber, or place of source of goods or offerings may be rejected.
- By keeping advertising precise and open, ambiguous mark concerns can be minimized.
Conclusion
Companies can benefit greatly after they register a trademark in India, but the procedure is not without difficulties. The reasons behind rejection are important to successfully manage the trademark registration process. Individuals and organizations can improve their potential for successfully filing their registered trademarks and preserving their proprietary rights in a competitive landscape by being aware of these factors and consulting with experts.
FAQs
- What Is The Refusal Of A Trademark On Absolute Grounds?
According To Section 9 Of The Indian Trademarks Act, 1999, A Mark May Be Refused Registration On Absolute Grounds If It Isn’t Used In Trade, Is Descriptive, General, Misleading, Illegal, Or Is Not Utilized In Business.
- What Happens If Trademark Status Is Refused?
In The Case That A Trademark Status Is Shown As Rejected, The Applicant Is Informed Of The Reasons For The Rejection And Offered Another Chance To Comment On Or Argue The Ruling. If You Do Proper Trademark Search With The Help Of A Professional, Chances Of Such Kind Of Rejections As Well As Trademark Objection Are Very Less Or Minimal.
- When Can You Oppose A Registration Of A Trademark?
After Your Trademark Request Is Officially Reviewed And Approved By The Trademarks Registrar, However, Before It Is Registered, You Have The Opportunity To Challenge Its Registration Within The Published Period.
- What Cannot Be Trademarked In India?
According To The Indian Trademarks Act, 1999, Section 9, Logos That Are Not Unique, Descriptive, Universal, Fraudulent, Illegal, Or Illegal Can’t Be Registered In India. Furthermore, Trademark Licensing Is Not Permitted For Marks That Are Confusingly Related To Famous Trademarks, Infringe The Rights Of Third Parties, Or Confuse.
- Which Laws Apply To Trademarks?
In India, Trademarks Are Regulated Under The Indian Trademarks Act Of 1999, Along With Supporting Rules And Regulations.
- How Does Starupfino Help When Trademark Registration Gets Refused?
If Rejected, Startupinfo Offers Legal Advice And Assistance In Resolving Challenges And Getting The Registration Of Its Trademark.
