EXAMINERS REPORT IN TRADEMARK

INTRODUCTION

Hello Friends, today we will discuss on the kind of objections one might encounter while registering a trademark in India. The objections are usually communicated to the applicant through an examiners report. As very clear from the name itself, examiners report simply means the report which is prepared by the examiner once an application for registering a trademark is being filed. The said report contains different objections with regard to the registration of the said mark. The detailed analysis of objections that might be put forth by way of the examiners report is discussed below:

TYPES OF OBJECTIONS

1. ABSOLUTE

2. RELATIVE

Absolute Grounds of Refusal

Such type of objection is taken when the applied trademark is incapable of distinguishing the goods or services of one person with those of another. In other words, such objection is taken when such mark does not contain any type of inherent distinctiveness of its own. This type of objection is usually covered under Section 9(1)(a) of the Trademark Act, 1999.

Other objection which is also covered under one of grounds of absolute refusal is covered under Section 9 (1) (b) of the Trademark Act, 1999. In such a case, the said mark is liable to be refused on account of being illustrative of any geographical region, any common name, place, description of services or goods for which the same is used for, etc.

Relative Grounds of Refusal

Such type of objections is generally raised under Sec 11 (1) of the Trademark Act, 1999. As the word relative suggests it means that the mark applied for is similar to the other marks already present on the registry of Trademark and on that account the mark of the applicant is liable to be refused.

After receipt of the examination report, the applicant in person or through his agent is asked to file a reply within a period of 30 days from receipt, failing which the applicant's mark is laible to be abandoned.

I hope you have understood different grounds upon which your trademark application may be refused.

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