-
December 19, 2018
Section 9 (1)(b) provides the absolute grounds/reasons for which a Trademark Registration Application could be rejected. An extract of the Section 9 (1) (b) mentions the Trademarks which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service. This provision applies to marks that are both descriptive and non-distinctive in relation to the goods or services for which the protection is sought.
The precautionary way to overcome a refusal in the aforesaid case could be observed in Keystone Knitting Mills Ltd.’s case – TM [(1928) 45 RPC 193] that, while analyzing a mark, one has to look at the word, not in its strict grammatical significance, but as it would represent itself to the public at large who are to look at it and form an opinion of what it connotes.
Also in exception to the provision in question, a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trademark.
We at ebizfiling.com can help you file the Trademark Registration Application with Trademark Ministry at a nominal cost starting with Rs. 5,899/- and can draft and file the reply to examination report/refusal raised by Trademark Ministry under Section 9 or 11 at a nominal cost starting with 1,999/- with the support of our professional team.
Need more personalized solutions? Get in touch with us at +91 9643 203 209 or email info@ebizfiling.com
About EbizFiling.com :
EbizFiling.com is a motivated and progressive concept conceived by like-minded people, which helps small, medium and large businesses to fulfill all compliance requirements of Indian Laws. It is a platform managed, operated and driven by CA, CS, IT professionals, Lawyers and Influencers, who have vast experiences into the respective fields. What differentiates us from others is our pricing, TAT, dedicated teams of professionals, whom we call Compliance Managers, digitally advanced platforms for client serving, among other things. Internally at EbizFiling, we have developed unique and customized working methods, which are committed to ensure error-free service delivery, faster execution and quick response time to the clients.
Get in touch for free consultation on info@ebizfiling.com or call 9643203209.
December 21, 2023 By Siddhi Jain
ભારતમાં ટ્રેડમાર્ક અસાઇનમેન્ટ પર 12 FAQs પરિચય ભારતમાં ટ્રેડમાર્ક અસાઇનમેન્ટ એ એક મહત્વપૂર્ણ પ્રક્રિયા છે જેમાં એક વ્યક્તિથી બીજામાં ટ્રેડમાર્કની માલિકીનું ટ્રાન્સફર સામેલ છે. વ્યવસાયો અને વ્યક્તિઓએ ટ્રેડમાર્ક સોંપણી પ્રક્રિયા અને તેમાં સામેલ કાયદેસરતાને સમજવાની જરૂર છે. આ લેખમાં, અમે […]
December 21, 2023 By Siddhi Jain
भारत में ट्रेडमार्क असाइनमेंट पर 12 अक्सर पूछे जाने वाले प्रश्न परिचय ट्रेडमार्क असाइनमेंट भारत में एक महत्वपूर्ण प्रक्रिया है जिसमें ट्रेडमार्क स्वामित्व का एक व्यक्ति से दूसरे व्यक्ति को हस्तांतरण शामिल है। व्यवसायों और व्यक्तियों को ट्रेडमार्क असाइनमेंट प्रक्रिया […]
November 21, 2023 By Siddhi Jain
Some FAQs on the Trademark Assignment in India Introduction Trademark assignment is an important process in India that involves the transfer of company ownership from one individual to another. It is essential for businesses and individuals to understand the trademark […]