Grounds for Refusal of Trademark Registration in Cochin


Grounds for refusal of trademark registration in India

A trademark is a word, device, symbol, number, etc. used to distinguish one person’s goods and services from others. To register, the trademark must meet basic criteria of specificity. Achieving trademark registration helps the owner protect his brand name from being used by others. Grounds for Refusal of Trademark Registration in Cochin is what we are going to be discussed in this blog and required documents.


By trademarking the name of your organization, you are protecting the brand, its notoriety, and your ideas, all of which have, without a doubt, contributed to blood, sweat, and outbursts. And keeping in mind that the trademarking process itself will require significant investment in all of the regions considered, nothing more terrible than not ensuring your image and possibly coping with a large organization’s infringement claims.

Types of trademark

Imaginary and arbitrary – Imaginary and arbitrary terms form the strongest trademark registration in Cochin. The mark does not in any way describe the product or service it owes to. While a fictional symbol is a fully created word, creation arbitrary is a general term but it is arbitrary in relation to the goods or services presented. An imaginary or arbitrary mark represents the best choice for a trademark. Apple Computer is an example of an arbitrary trademark. Pepsi is an example of a fictional trademark.

Indicative-Indicative marks indirectly describe the product or service they offer. The mark does not directly refer to or describe the product or service; it only indirectly refers to some features of the product or service being introduced. Netflix is ​​an excellent example of an indicator trademark.

Descriptive – A descriptive icon refers directly to and describes the product or service represented. Descriptive words cannot, legally, have trademark registration in Coimbatore. However, if the sign has acquired a uniqueness or secondary meaning, it may be registered as a trademark.

General – A common sign is a general term for naming a product or service. For example, the word pencil is a common symbol for a pencil brand. Under no circumstances can a common word can have trademark registration in Chennai. However, due to constant use over the years, some brands have become household names. For example, the term XEROX has become a common term for photocopying.

Grounds of refusal of trademark

Trademarks which are:

  • Unable to separate applicant’s goods / services from others;
  • Or may serve to designate a trade, kind, quality, purpose, value, geographical origin;
  • Or commonly used in current language or established practices of trade;
  • Will not be registered.

Exception: If before the date of application, the icon has gained uniqueness through use or is a known icon, its registration cannot be denied.

If the mark is caused, it will not have trademark registration in Bangalore since:

  • Confusion or deceiving people; or
  • Harms the religious sensitivities of the class / section of the citizens of India; Or
  • Contains / contains a derogatory / obscene matter which is against the morality of the people; Or
  • Prohibited under the Symbols and Names Act, 1950

The Act states that the mark will not be registered as a trade mark if:

  • It involves only the shape of the goods or the shape of the goods to obtain a technical result; Or
  • Shapes that add significant value to goods – Shapes must have a visual appeal to add value and should not be of a functional nature to fall within the scope of this provision.
  • The nature of the goods or services in respect of which the trademark is used or indicated to be used shall not be grounds for denial of trademark registration.

Chemical element / compound:

Any term that is not the name of a chemical element / compound (not a compound) or that has been declared by the World Health Organization and is indicated by the Registrar as an international non-proprietary name / will not be misleadingly registered with such names. If the word has gained specialty as a trademark, it still cannot be registered as a trademark.

If the application for trademark registration in Hyderabad is in reference to a trademark that incorrectly notifies a living person or a person who dies within 20 years before the date of application, then the trademark registrar, before proceeding with the application, requires the applicant to consent in writing to such living person; Or legal representative of the deceased. The registrar may refuse to proceed with the application if such consent is not presented.

Importance of trademark

The biggest advantage of trademark registration in Madurai is that it brings credibility to customers, which is extremely important for every business. Registered trademarks are licensed. In case of trademark infringement the owner of the trademark can sue the infringer. Registered trademarks can be transferred but in the case of unregistered trademarks it is not possible, which can only be transferred with the business.

Another benefit of a registered trademark is that it makes it easier to advertise products and services on a registered trademark. Registering trademarks is always a boon for startups as it highlights the business within the market.

Trademark registration process

The trademark registration in Trichy process involves various steps, which are elaborated below: –

Trademark Search: Finding a trademark is often the primary step in ensuring that no similar trademarks are registered. This helps to avoid any hassle in applying for a trademark registration in Salem. The equivalent is often displayed on the government’s official website.

Application Filing: The next step after scheduling a trademark search is to file an application for trademark registration in tirupur. The application can be filed in either fly line or mode line mode. It is always advisable to file the process through Save Online mode to save time.

Examination: After the filing process, the trademark examiner examined the application. The examiner may seek clarification in case the applicant has any defect. The applicant has to make the same.

Publication: Upon successful completion of the exam, it will be published in the trademark journal, so that objections can be verified, if any.

Registration: If there is no objection from a third party, then usually 3-4 months after the publication, a certificate of registration is issued by the trademark office fee. This certificate is valid for 10 years. The trademark owner can renew it every 10 years for its proper protection.

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