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Under trademark Act 1999, various products and services of businesses are subject for the registration of the trademark in India. Under section 2(1)(zb) of trademark - The capability of the mark is represented graphically which helps in distinguishing various goods and services for that person which may involve in the shaping of goods, packaging and color combinations.
The Trademark registration helps in visualizing representation through the signs, marks, logos registration, as well as symbols which helps in distinguishing of products/ services from another. To strengthen the case it is required to have trademark registration it is required that if you have faced any objection in future. Therefore, in an authorized manner, an applicant who asserts ownership of a mark may apply in writing to the appropriate registrar for a registration of a trademark. A mark's legal protection is ensured by brand registration, which means it is prohibited from being utilized to mislead consumers or confuse them about items. Stated differently, a registered owner of a trademark is granted total ownership of the mark upon registration through logo’s.
A mark's legal protection is ensured by logo registration, which means it is prohibited from being utilized to mislead consumers or confuse them about items. Stated differently, the legally recognized owner of a trademark is granted total ownership of the mark upon registration. The act outlines the reasons why a trademark may not be registered, even if it doesn't specifically state what requirements must be met for a trademark to be registered. There are two reasons listed in the 1999 Trademark Act that the registration of a trademark in India may be denied:
In the event that the applied for mark is determined to meet the requirements outlined in Section 9 in the Trademarks Act of 1999, the application process for a trademark award will be terminated. The reasons include
The legislative purpose behind these absolute reasons of refusal is to safeguard the legitimate interests
of both the public and traders who are sincere and legitimate users of various marks in connection with
their goods and services. These grounds are associated with the benefit of public policy.
However, if the mark has developed "distinctive character" over time and is now a "well known
trademark," it won't be denied brand registration as long as the applicant can substantiate the claim.
The Act of trademark of 1999, under section 11 stated that the relevant ways why a mark have been gone to refusal stage. A mark will not be permitted for registration of brand according to this section if it is determined to confuse the public due to its resemblance or identity to an earlier trademark. There are also other reasons that fall under the category of related grounds of refusal:
In India, a trademark application may be denied if the intended mark is subject to one of the two types of reasons for refusal: absolute grounds or relative grounds. All proposed marks falling under the purview of Trademark Act, 1999, Sections 9 and 11, which specify the Absolute and Relative reasons of denial, are not qualified for brand registration and are likely to be refused.
Provisional rejection or refusal is the phrase used to describe the temporary denial or rejection of a trademark application. When an international trademark registration filed in India raises questions or concerns, the Indian trademark authority notifies the applicant through this notification. It alludes to the first rejection or objection made by a certain country trademark office (referred to as the "Office of Origin"). The applicant must reply to and answer the national trademark office's objections after receiving a provisional denial.
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