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Trademark Registration

Overview
Class Details
Documents Required
Process
Marks TM and (R)
Grounds of Refusal
Costing

Grounds of Refusal

Absolute grounds for refusal of registration

Following marks shall be refused 

  • marks which are not capable of distinguishing the goods or services of one person from those of another person

  • marks which exlusively used to show quantity, quality, intended purpose, values, geographical origin etc. Eg "Kilogram" is a word used to measure the quantity of products. Hence it can not be registered. 

  • which consist exclusively of marks or indications which have become customary in the current language.

A trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as aresult of the use made of it or is a well-known trade mark. 

A mark shall not be registered as a trade mark if—

(a)         it is of such nature as to deceive the public or cause confusion; (b)         it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; (c)         it comprises or contains scandalous or obscene matter; (d)         its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950

 

A mark shall not be registered as a trade mark if it consists exclusively of—

(a)         the shape of goods which results from the nature of the goods themselves; or (b)         the shape of goods which is necessary to obtain a technical result; or (c)         the shape which gives substantial value to the goods.

 

Colour Limitation

Atrade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark.

So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.

 

Relative grounds for refusal of registration.

  • identical with or similar to an earlier trade mark

  • its use in India is liable to be prevented by law or copyright

  • well-known trade mark

Overview

Trademark or tradename or brand name are symbols that can be a wordmark, device mark, or phonetic.



The government of India through the Ministry of Commerce and Industry has established the Department of Industrial Policy and Promotion who further through the Controller General of Patents, Design, and Trademarks facilitates the matters related to registration, opposition, and protection, etc of trademarks and patents.

"Google", "Apple", "Microsoft" are a few examples of the registered wordmark.



A business entity considers a trademark as an asset of the entity and protects it like any other physical asset. A trademark application can be filled by any person including a company and persons from a foreign country. It is not necessary to use a trademark before applying for registration. However, a trademark in use can be registered anytime.

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