GROUNDS FOR REJECTION FOR FASSI APPLICATION
Updated on : 2021-Jan-10 15:30:31 | Author :
Grounds for Rejection
A trademark application is scrutinised completely by the officers of the register if they find any infringements of any reason the law or of alternative registered marks they will reject the registration application of the mark. At this time, the standing of the applying can show “Marker for Exam”.
The following are the grounds for rejection of the trademark registration application.
Application method
The first factor the examiner can look for whether or not|is whether or not} the applying was filed per the procedure and whether all the knowledge has been bestowed as prescribed by the Act. If the examiner finds something amiss with the method or the documents of the applying then he can reject the applying.
Similar to a registered trademark
When applying for a trademark, one should check whether or not your mark is that the same as an already existing trademark. you'll be able to try this by doing a public search on the web site of the controller general of patents, styles and emblems or simply take legal services from an attorney specialised in applying for emblems. If it's found by the examiner that the mark being applied for {is similar|is analogous|is comparable} to an already registered trademark or a trademark presently is registration he will reject the applying.
Descriptive words or style
If the mark contains any descriptive words or terms that are usually wont to establish a product. for instance, if you are trying to trademark the word SWEET for selling product like chocolate or candy it'll be rejected because it is unfair to people.
General words or style
General words like PENS or PENCILS can not be proprietary for commerce pens or pencils as just one company can not be given the term to use unambiguously. thus such a mark is also rejected from registration by the examiner.
Offensive terms or style
A trademark cannot contain an offensive term or style, intrinsically a mark are against the general public morality and public order. thus terms of styles that are offensive can sometimes be rejected by the examiner.
Confusing terms of style
A confusing mark or a deceptive mark is also any mark which will lead the buyer to believe incorrectly regarding the origin, producer, quality, material etc of the merchandise. for instance, if a mark is of a FISH however the merchandise is barely chicken the ark is also rejected on the grounds that it's deceptive.
Official styles or words
If the mark contains any official words, terms, styles or photos it'll be rejected for registration by the examiner because it is against public welfare. It will incorrectly win over the buyer that it's condoned by an official body. for instance, if the trademark is that the flag of a nation it'll be rejected on this ground.
Conditions and restrictions
If the examiner feels the ark is valid however wants some conditions or changes to its use of look he might reject the mark for registration as is.
Objection
After the examiner has scrutinised the price for registration he might object to its registration. during this case, the standing of the applying can show “Objected”.
At this time, somebody has the prospect to place forward his case to the examiner. Usually, the objection is either raised under Section nine or eleven of the Act.
The objection under Section nine
Section nine of the Act offers absolute grounds for refusal of registration. Section nine rejects any mark that is:
- descriptive,
- generic,
- deceptive of origin of products or services,
- deceptive regarding the character of the products or services,
- deceptive regarding the standard of the products or services
- An objection under section eleven
Section eleven of the Act provides for relative grounds for refusal. If the examiner objects underneath this section it'll flow from to the mark having similarities with an already registered trademark. during this case, the examiner can attach the conflicting elements of the mark similarly because the emblems that it's conflicting with. At this time, somebody has got to overcome the objections placed by the examiner. This has got to be done per the section under that the objection has been raised.
Section nine of the Act
To counter this objection somebody has got to prove that the mark of the somebody is simply distinguished by the buyer concerning the products or services provided. {for example|for instance, |as an example} Apple the electronic company has the trademark of an apple and thus is deceptive on the merchandise sold-out by the corporate. Even so, it is proved that the mark has since nonheritable a particular which means and is well recognizable by customers on the product sold-out area unit physics.
Section eleven of the Act
Here somebody has 2 options:
Contest that the mark is totally different from the conflicting mark. during this case, he should prove that his mark is distinctively totally different from the conflicting mark and might positively by distinguished as 2 separate marks.
Get a no objection legal document from the owner of the conflicting registered mark.
Refusal
Once the examiner has taken into thought the candidates arguments against the objection of the registration of the mark he can finally decide whether or not to permit the mark to be registered.
Here he can either push the standing of the applying to test Report Issued which suggests it's been approved and can currently be printed within the official gazette, The Trademark Journal to open up the prospect for the general public or third parties to object. Or he can push the standing to Refused within which case it means that the applying for registration has been rejected.
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