In the present time, when the competition in the market is at its peak, trademark registration is really important for businesses. But to get the registration for your trademark is not that easy; even because of a small mistake, trademark applications get rejected. Hence, one must make extra efforts to secure one’s trademark. There is a proper procedure prescribed under the Trademark Act of 1999 through which one can get registration for its trademark. If you are a layman and unable to understand the procedure, getting help from the experts will be the best option for you. This will save you time and effort, and you will get the registration of your trademark easily.
What is a Trademark?
Trademarks are the signs, symbols, mark, etc, which gives a distinct identity to a particular trade or business. It secures the identity of your business and increases its reliability and credibility in the market among the various competitors. Brands are mostly known by their trademarks. There are multiple businesses or brands whose owners may not be known to the common man, but they associate that company with its trademark. Apple can be the best example of the same. Under section 2(zb) of the Trademark Act of 1999, a definition of trademark has been given. As per that definition, a trademark includes the following features:
- Trademarks can be represented graphically.
- It makes a difference between the two brands.
- Makes the distinction between the goods and services of one individual from the other
- It includes shape as well as the packing of the goods
- It can be made of a combination of different colours
- Indicates the connection between the trade and the goods or services
Section 9 of the Trademark Act of 1999
Section 9 of the Trademark Act of 1999 consists of grounds on the basis of which trademark applications get rejected. Some of the key grounds due to which the trademark applications get rejected are given below:
- A trademark does not have the quality to distinguish the goods and services of one individual from the others.
- Trademarks that have been employed in the business sector to denote or specify the kind, calibre, quantity, intended use, standards, values, place of origin, or period of manufacture of goods or services
- Trademarks that become customary will not get registered under the trademark law.
- Marks that cause confusion among the public will be rejected.
- Trademarks that have the capacity to deceive the public may be rejected
- Marks which have the capacity that they may hurt the religious sentiments of any class cannot be registered as trademark
- Scandalous as well as obese marks cannot get the protection under the trademark law
- If the trademark is of such a nature that it has been prohibited from use under the Emblems and Names Act of 1950, which is for the prevention of improper use of the emblem as well as names.
- Such kinds of shapes that result from the nature of the goods themselves or are mandatory in order to obtain or get the result which will be a technical result or give a proper substantial value to the related goods cannot be registered as trademarks under the trademark law
Key Reasons Behind Trademark Applications Get Rejected
Some of the key reasons why trademark applications get rejected are given below in detail for the reference of those who are going to or thinking about protecting their brand through trademark registration:
Incorrect Application Filing
As mentioned clearly in the introduction, there is a proper procedure given under the trademark laws for the filing of an application for the registration of a trademark. That procedure must be followed as it is without any mistakes because mistakes may result in the trademark application rejection. Incorrect application filing is not at all accepted. Hence, one must do proper research or take the help of an expert before filing an application for registration of a trademark so that the application will not be rejected.
Similar to Already Existing Trademark
If it is found that your mark on which you are claiming registration is similar to the trademark, which is already protected and registered under the trademark laws by a third party, then in such a scenario, your trademark applications get rejected. That is why, before the filing of the application for the registration of a trademark, one must do a proper trademark search.
Offensive Language
If the mark on which one is claiming trademark registration contains offensive language, then it will not be registered under the trademark laws. Even such trademark applications get rejected very easily on the basis of similar reasons. Thus, before filing the trademark application, one must check that the mark on which one wants registration does not contain any offensive language.
Obscene Marks
Under Indian laws, obscenity is not at all allowed in any form. The same goes for the trademark. If it has been found that the trademark on which one wants protection under the trademark laws contains something that is obscene, then trademark applications get rejected, which was filed to obtain the protection before the competent authorities.
General Words or Design
Under trademark laws, general words and designs cannot be protected as trademarks. These general words or designs may include sweet, pen, pencil, meat, masala, etc. The list of these words and designs is not given anywhere in the law, but the competent authorities have to use their reasonable prudence to decide the same. Because of such things, it has been suggested to the brand owners to take the help of a trademark attorney while getting registration for their trademark.
How to File a Trademark Application?
Given below is the step-by-step procedure for getting trademark registration in India:
- Collect all the relevant documents
- Prepared a proper file and relevant information
- Visit the official website for trademark registration
- Fill out the application and submit it before the competent authority
- Examination of the application which has been filed for the registration of the trademark will be conducted by the examiner.
- If found appropriate, it will go for the publication
- If no objection is filed against your trademark department will issue the certificate of trademark registration
Benefits of Trademark Registration
Some of the key advantages or benefits of the registration of a trademark are given below:
- Protection against the infringement of the trademark under the trademark laws
- A distinct identity has been given to the brand
- It is a protection that one can obtain after investing a very small amount, and that is why it is also known as “less cost protection”.
- The process of registration can be easily completed with the help of a trademark attorney.
- In the initial stage itself, one will get protection for the upcoming ten years.
- Brand value and goodwill will be created in the market among the multiple competitors.
- Can help the business owner while building profit
Conclusion
Trademark applications get rejected for various reasons, including filing errors, similarity to existing trademarks, offensive or obscene language, or if the proposed mark consists of generic words or designs. To avoid rejection, it’s crucial to seek expert guidance, conduct a thorough trademark search, and ensure your mark is unique and non-offensive. The process of filing a trademark application involves collecting necessary documents, submitting the application online, examination by a trademark examiner, and potential publication. Once approved, trademark registration provides valuable benefits such as protection against infringement, creating a distinct brand identity, and building brand value and goodwill in the market. Overall, trademark registration is essential for safeguarding your brand’s identity and credibility amidst stiff market competition.
