Absolute Grounds for Refusal of Trademark Registration

The absolute grounds of refusal are prescribed under section 9 of the Trade Marks Act, 1999. The grounds listed above are without regard to whether the mark is not only not confusingly similar to, but does not even come close to meeting the criteria for, registration. Inherent-descriptive abstractions--These are based on the nature of the mark itself.

1. Non-Distinctive Marks

A mark has to be "distinctive" to be eligible for trademark registration. If the sign is found absolutely devoid of distinctive character, it will be rejected. For example, if the term serves directly as the product or service identifier it is considered non-distinctive, and is not registrable for trademark protection.

2. Descriptive Marks

Marks that designate the nature, quality, or some other quality of goods or services will be refused. For example, the word “SoftDrink” for a company advertising beverages is merely descriptive and can never be trademarked.

3. Marks in Relation with Public Morality or Order

Offensive, immoral or contrary to public policy trademarks are not registrable under absolute grounds. Any design that shows offensive images, or words, or that promote illegal activities will be rejected.

4. Marks that Mislead or Deceive

Marks that would mislead or confuse the public regarding the source, quality or character of the goods or services are refused on absolute grounds. For instance, a mark that falsely claims a product is organic when it is not might be denied registration.

5. Geographical Names or Common Surnames

A generic or descriptive mark, such as "Delhi Tea" or a name such as "Sharma Shoes", is usually not sufficiently distinctive to be registered and is liable to be refused.

6. Similarity to Official Marks

Signs similarly to national flags, government emblems, or emblems of inter-governmental organisations, are also rejected under absolute grounds. The idea is to prevent misunderstandings and is about respecting the official symbols.

Grounds for Refusal of Trademark Registration on Relative Grounds

Section 11 of the Trade Marks Act, 1999 provides for relative grounds of refusal. These are based on similarity to the application for a mark and existing registered marks. The relative grounds refusal is with the view on the likelihood of confusion or deception in the market.

1. Confusing with Existing Trademark

The ground for refusal most frequently invoked as an absolute ground is identity and similarity. If the mark that you propose is too similar to an already existing, registered mark, it may result in consumer confusion, i.e., confusion as to the origin or source of the goods or services. This is true even if the goods and services are not the same, so long as there is a likelihood of confusion with respect to the marks.

2. Likelihood of Confusion

The test of likeliness to confusion is applied as to the confusion of the perfect average consumer as between the two marks. The similarity of the marks in visual, phonetic, and sense impressions and the nature of the goods are pertinent in that regard. If the likelihood of confusion is high, the trademark application can be denied.

3. Existing Mark Reputation

If the prior trademark is a famous or well-known mark, the slightest similarity between new and old marks can lead to a rejection. Well-known marks generally receive wide protection under trademark law and a mark capable of diluting the reputation of such a well-known mark may be refused registration.

4. Opposition on the Ground of Well-Known Marks

Where a mark is either the same, or closely similar, to a well-known trade mark, it will be refused, regardless of whether it is for identical goods/services or not. If for example someone tries to register a logo which is similar to Coca-cola in relation to a different class of goods, it will almost certainly be refused registration on the basis that the mark is too famous the Coca-cola brand.

5. Previous Application or Earlier Rights

A trade mark applied for a trade mark, which is similar to a trade mark that is the subject of a pending application or an earlier right, may be refused on relative grounds. According to the rules of trademark law, priority is given to first used marks or those with prior use.

How Trademark Lawyers Can Help with Refusal Issues

If you are new to applying for a trademark registration, absolute and relative grounds for refusal are pretty complicated. Here is where trademark registration attorneys can really lend a hand. From knowing how to select a unique mark to what to do about someone opposing your registration, you can count on a trade mark lawyer Delhi based or anywhere for a trade mark attorney near me:

A trademark law firm can provide you with tailored solutions, ensuring that your application is in compliance with trademark law and minimizing the chances of refusal.

Steps to Overcome Refusal

If either absolute or relative grounds are cited against your trademark application, we would recommend you take some of the following steps to address the problem:

1. Amend the Application

In some cases, you may have the option to respond to overcome possible objections. For example, you may modify the goods or services that the mark is associated with, or demonstrate the distinctiveness of the mark.

2. File an Appeal

If your request is maintained, any person who has been refused can challenge the application to the IPAB. This gives you an opportunity to challenge the refusal and argue why you should be registered.

3. Submit Evidence of Use

For a relative grounds refusal for confusion, evidence of use of your trade mark in the market prior to the filing date can help your case and show that your mark has acquired distinctiveness or reputation.

Conclusion

In a world where a trademark registration plays a crucial role in protecting your brand identity it is important to know the absolute and relative grounds for refusal in order to avoid making easily preventable mistakes. The more likely the mark is to be approved provided your mark is distinctive, non-deceptive and not in conflict with other existing trademarks, you can greatly increase its chances of approval.

So, the assistance of a trademark lawyer Delhi or a trademark registration law firm could be instrumental as they can give you the requisite competence to confront the tricky domain of trademark law and endeavours to make sure that your trademark application stand out with the best odds of thriving.

If in case, you are seeking professional assistance for a trademark registration, look no beyond than our trademark registration services where we guide you with detailed assistance right from the date of filing to: responding to refusals and oppositions. Our lawyers will ensure that your application is in compliance with all the legal requirements for a smooth and successful registration.