There are several reasons for which the Registrar might reject a proposed trademark. There are two types of Registration refusals known in the Trademark world: Absolute and relative. This article will detail both of these grounds of registration refusal to the Trademark.
Absolute Grounds for Refusal of Registration
The following are the situations for which the Trademark Examiner will reject the application on absolute grounds:
Lack of Distinctiveness in the Trademark
The Examiner will refuse the trademark registration devoid of any distinctive character. Such Trademarks cannot distinguish the goods and services of one person from those of another.
Exclusivity of Marks serving for Trade
The Examiner will refuse the registration of a trademark that consists exclusively of marks or indications serving in the Trade to designate the following details of the goods or rendering of the service or other characteristics of the goods or service:
- Kind
- Quality
- Quantity
- intended purpose
- Values
- Geographical Origin
- Time of Production
Proposed Trademark became Customary
The Examiner will refuse the registration of a trademark that consists exclusively of marks that have become customary in the current language or the established practices of the Trade. But the Examiner will not refuse the trademark registration if it acquires a distinctive character or is a well-known trademark before the date of application for registration.
Also Read: Trademark objection Reply
Proposed Trademark has Triggering Effects
The Registrar of Trademarks will not register the Trademark on the following grounds:
- Nature of Trademark causes deception to the public or causes confusion
- Trademark signifies or symbolizes any matter that is likely to hurt the religious sentiments of any one class or section or more of the citizens of India.
- Trademarks’ nature conveys some scandalous or obscene matter.
- The chosen Trademark is prohibited under the Prevention of Improper Use Section of the Emblems and Names Act of 1950.
Shape of the Proposed Trademark
The Registrar will refuse the trademark owner of registration if it consists of the following:
- Shape of Brand’s goods which results from the nature of the goods themselves; or
- Shape of goods necessary to obtain a technical result
- Shape giving substantial value to the goods
The nature of goods or services about which the Trademark is used or proposed to be used shall not be a ground for refusal of registration.
Color Coding for the Trademark
A trademark is designed wholly or partially by a combination of varied colors. The Tribunal notes such patterns and limitations while deciding on the Trademark’s distinctive character. If the Registrar registers a trademark without limitation of the colors, then he must also register it for all coloring patterns and combinations.
Relative grounds for Refusal of Registration
The following are situations where the Trademark Examiner will reject the application on relative grounds. The Registrar can reject the Trademark if its identity matches an earlier trademark or if the owner covers the proposed one’s goods or services.
Also Read: Trademark Opposition: How to save your published Trademark?
Likely Association with Earlier Trademark
The Authority can reject a Trademark on relative grounds if it is similar to an earlier trademark and the Trademark owner covers its similarity to the goods or services. Also, there exists a likelihood of confusion on the part of the public. This includes the likelihood of association with the earlier Trademark.
If a Trademark is identical to an earlier trademark, the Registrar might reject it. The Registrar can also reject the Trademark if it the Registrar registers it for goods or services which are not similar to those of the earlier Trademark. The earlier Trademark is registered in the name of a different proprietor. The proposed Trademark must not be registered if the earlier Trademark is well-known in India. Also, the Registrar will reject the application if using the later Trademark without due cause would take unfair advantage of the former or be detrimental to the distinctiveness and market reputation of the earlier Trademark.
