Identify the common factors leading to trademark application rejection. Explore potential pitfalls and mistakes to steer clear of during the registration process, ensuring a smoother path to trademark approval.
A trademark registration application can generally be objected for registration on absolute or relative grounds for denial, such as conflict with earlier trademarks and well-known marks, or because it is forbidden for registration. In this article, we’ll look into trademark objection in the context of absolute grounds for trademark denial. Know Why Do Trademark Applications Get Rejected?
A trademark gives a company the right to use certain distinctive marks. This allows the business to increase its commercial value, goodwill, and reputation in the eyes of its customers. However, there are several instances where the trademark Registrar will refuse to grant a trademark. We examine the reasons for refusal and the procedures you should take if you are refused.
What is a Trademark?
Trademarks are marks that are used to identify the source of goods or services produced by a specific company or individual. These markings allow consumers to quickly associate a product with its manufacturer.
These marks are legally protected to ensure that they are not used to mislead products or confuse consumers. A trademark must be registered in order to receive legal protection. The mark will be protected from being used illegally if it is registered, and the owner of the mark will have complete ownership of the mark.
Reasons for Trademark Applications Get Rejected
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Lack of Distinctiveness
One of the primary reasons for trademark rejection in India is a lack of distinctiveness. A trademark must be capable of distinguishing the goods or services of one entity from those of others. If the trademark is too generic, descriptive, or common, it may be deemed lacking in distinctiveness and Trademark Applications Get Rejected.
Example: A trademark application for the term “Computer” to represent a computer hardware company may be Trademark Applications Get Rejected due to its lack of distinctiveness. Since the term “computer” is generic and commonly used to describe the product itself, it does not serve to distinguish the goods or services of one company from those of others.
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Descriptive or Generic Terms
Trademark applications that consist of descriptive or generic terms are often Trademark Applications Get Rejected in India. Descriptive terms simply describe the goods or services offered, while generic terms refer to common names for the goods or services themselves. Such terms cannot be monopolized as trademarks because they are essential for other traders to use.
Example: An application for the trademark “Fresh Juice” to represent a juice manufacturing company may be Trademark Applications Get Rejected because the term “fresh juice” merely describes the product being offered. Since other traders may also use similar terms to describe their juices, it cannot be monopolized as a trademark.
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Similarity to Existing Trademarks
If a trademark is found to be similar or identical to existing trademarks in the same or similar classes, it may be Trademark Applications Get Rejected. The Trademarks Registry conducts a search to identify conflicting marks, and if the proposed trademark is deemed too similar to existing ones, it may lead to rejection.
Example: A clothing company applying for the trademark “AdiDress” may face rejection if there is an existing trademark for “AdiWear” in the same class. The similarity between the two marks, along with their presence in the same industry, could lead to confusion among consumers and potential rejection.
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Deceptive or Misleading Marks
Trademark applications that contain deceptive or misleading elements are likely to be Trademark Applications Get Rejected. A trademark should not mislead or deceive consumers about the nature, quality, or geographical origin of the goods or services.
Example: A skincare company applying for the trademark “Eternal Youth” for its anti-aging cream may be Trademark Applications Get Rejected if the product does not actually provide any anti-aging benefits. Using a mark that implies certain qualities or benefits that the product does not possess could mislead consumers and result in rejection.
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Offensive or Immoral Content
Trademarks containing offensive or immoral content, including vulgar or obscene words or symbols, are subject to rejection in India. The Trademarks Act prohibits the registration of marks that are contrary to public morality or likely to hurt religious sentiments.
Example: An applicant seeking to trademark a racial slur or a derogatory term for a product or service would likely face rejection due to its offensive nature. Marks containing vulgar or obscene words or symbols that go against public morality or religious sentiments are not eligible for registration.
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Non-Distinctive Logos or Designs
In addition to word marks, trademarks can also consist of logos, designs, or a combination thereof. However, if the logo or design lacks distinctiveness or is too common, it may face rejection. Logos or designs that are simple and generic may not be considered sufficiently unique to warrant trademark protection.
Example: A simple geometric shape, such as a circle or square, used as a logo for a software company, may be Trademark Applications Get Rejected for lacking distinctiveness. Logos or designs that are too common or generic do not effectively distinguish the goods or services of one company from those of others.
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Improper Representation
Trademark applications must include proper representation of the mark, whether it’s a word mark, logo, or combination mark. If the representation is unclear, incomplete, or inconsistent, the application may be Trademark Applications Get Rejected.
Example: An applicant submits a trademark application with a blurry or poorly drawn logo that makes it difficult to discern its features. The lack of proper representation in the application could lead to rejection since the trademark must be accurately reproduced and distinguished from others in the market.
Relative Grounds for Refusal of a Trademark
When the mark is deceptively similar to an existing trademark, the Registrar may refuse to grant registration to you. This is, however, a subjective assessment. Therefore, it becomes imperative for you to convince the Registrar of the distinctiveness of your trademark.
How to Establish Distinctiveness in Your Mark?
The examining officer considers the following aspects for determining uniqueness in your application:
- The market share held by the mark
- How intensive, geographically widespread, and long-standing the use of the mark has been
- The amount invested in promoting the mark
- The percentage of the relevant class of people who identify products as originating from a specific company because of the mark
- Statements from Chambers of Commerce and Industry or other trade and professional associations.
Opposition From a Third Party as a Reason for Trademark Refusal
- Within four months from publishing or advertising, a person can submit an objection against the grant of a trademark to the Registrar
- This can be any person and there is no requirement of any commercial interest
- Usually, persons holding a prior right of usage in the trademark, or someone whose consent is necessary but was not taken opposes the grant of the trademark
- An opposition can also be filed by a person on the basis of absolute and relative grounds mentioned above.
Conclusion
You can trust Vakilsearch to provide you with the best legal assistance when it comes to registering your business trademark online. Vakilsearch would assist your business at every step in getting a registered trademark for your firm, having registered hundreds of trademark applications since its beginning. With us, each case is given the attention it deserves, and our top lawyers will manage your case and create the necessary documentation and guide you throughout the process.
