Brand Registration in Salem
All substantive objections to an application must be raised together. For this purpose, the mark as a whole must be considered. Objection must be clear and understandable. Reproducing the words of section is not accepted by courts, unless reasons are also given.
The Trade Marks Act, 1999 sets out the absolute and relative grounds for refusal. It is necessary to state the section and subsection of the Act being relied upon to support any objection, and to clearly set out the grounds for objection so that the applicant or his agent know the reason for the objections(s). section 2(1)(zb) of the Act will provide the basis for objection where the Brand Registration in Salem is not graphically represented on the application form or appears to be incapable of functioning as a trade mark at all. In the latter case there are certain to be additional grounds for objection under section 9 and 11 which should set out the reasons why the mark is considered to be incapable of distinguishing the applicant’s goods or services.
Where the objection is under section 9(1)(a) of the Act (only) it is not normally sufficient simply to indicate that the mark is devoid of any distinctive character. The applicant should be given sufficient information so as to allow him to understand the reason for that objection.
The explanation may be fairly general, e.g. that Common surnames or 2 letter marks are regarded as inherently devoid of any distinctive character. In other cases a more specific explanation is required, e.g. that - “the mark consists of a 3 dimensional shape of a container which does not appear to be one that the public will take as a mark of origin until they have been educated to do so”.
If the objection is under section 9(1)(b) of the Act – that is the mark consists exclusively of a mark or indication which may serve in trade to designate characteristics of the goods or services – the TMR will indicate what (which) characteristic(s) of the goods or services the mark appears to designate, nothing more is required.
If a mark consists of two or more words, or a word and a device, the Brand Registration in Salem objection will explain whether the objection is to both(or all) elements of the mark, as well as the combination. If one word of a two or three word mark is acceptable the mark as a whole will normally be accepted. It cannot be devoid of distinctive character.
Section 9(1)( c) is somewhat different because it deals with mark or indications which “have become customary in the current
language or in the bonafide and established practices of the trade” and as such they are actually believed to be in use in the trade.
Where a mark consists exclusively of descriptive matter which may be used in trade, the objection will be under section 9(1)( b). Where a mark or indication is devoid of any distinctive character, the objection will be under section 9(1)(a).
It would be clear, therefore, that Section 9(1)( c) will be invoked where the mark or indication, which does not appear to describe characteristics of the goods or services, and does not appear to be devoid of any distinctive character, has in fact become customary in the trade. In those circumstances the applicant is entitled to know the basis of the objections. For this purpose, reference to any publication or advertisement may be given to support the objections http://www.trademarkregistrationconsultants.in.
