Grounds for refusal of a trademark application

Under section 18(4) of the act the registrar has power to refuse an application for registration. The refuse ordinarily based on one or more of the following grounds :

Grounds for refusal of a trademark application

(1) The application does not comply with any of the requirements under the rules.

(2) The mark applied for registration is not a trademark within the meaning of the definition under section 2(1).

(3) The mark does not quality for registration under section (9).

(4) The mark offends against the provisions of section (11).

(5) The mark comes within the prohibition of section (11) and no case has been made out for registration under section (12).

(6) The mark comes within the prohibition of section (13).

(7) The applicant fails to furnish the consent in writing of the person concerned as required by the registrar, in the circumstances referred to in section (14).

(8) The applicant does not agree to association with other marks as required by the registrar under section (16).

(9) The applicant is not the proprietor of the trademark applied for under section 18(1).

(10) The applicant has neither used the mark nor has any bonafide intention to use the mark.

(11) The applicant does not agree to any of the amendments, conditions, modifications or limitations subject to which the registrar is prepared to accept the application under section 18(4).

(12) The applicant should be refused in the exercise of the discretion of the registrar under section 18(4).

Grounds of decision

The decision of the registrar, after a hearing, or without a hearing. If the applicant has not availed of the opportunity of hearing offered to him, will be communicated in writing. If the applicant intends to appeal from such decision he may apply on the prescribed form to the registrar requiring him to state in writing the grounds of. The materials used by him in arriving at the decision.

Where the applicant does not object to any of the requirements of the registrar. He should comply therewith before the registrar issues the grounds of decision. For the purpose of appeal the date of the registrars decision will be the date when the grounds of decision are sent.

No absolute right to registration

It is well settled that an applicant for trademark registration has no absolute right to get his trade mark registered. The tribunal is not bound to allow registration even if the mark be in fact distinctive.

Second application for mark once refused or withdrawn

The fact that a trademark has been once refused by the registrar does not debar the applicant from making a further application for the same mark. The application may be accepted if the changed facts and circumstances are in its favour.

There are many instances where a subsequent application has been successful although the original application failed. An applicant is entitled to withdraw an application and to make a second application. So as to get the benefits of a longer period of user. If the adoption of the mark is honest.

For Trademark Registration, Logo Registration and Brand Name Registration, we Solubilis register the above registration in Chennai.

 

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