Are there any grounds for refusal of registration of trade marks?

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Under the Trademarks Act, there are 2 grounds for refusal of registration of trade marks:   (a) Absolute ground for refusal of registration of trade mark: marks that are devoid of any distinctive character which in the trade serve to designate the kind, quality, quantity and geographical origin will not be registered. However, if it… Read more »

Can a Registered Trade mark be amended at a later date?

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Yes, the filed mark is allowed to be amended as per the provision of Section 22 of the Trademarks Act, which allows the amendment of the mark provided it does not amount to a substantial change in the character of the mark as such. It is practice of the Registrar Registrar of Trade Marks that… Read more »

Is there any opposition system for third parties?

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Yes, there is an opposition system for third parties wherein within three months after the publication of the mark in the Trade Marks Journal and from the date of publication (the same being extendable by another one month). Soon after the receipt of Notice of Opposition, the Applicant for Registration must file Counter Statement against… Read more »

What are the ways to overcome the objection raised in the Examiners Report?

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The Applicant can produce evidence to the Examiner that the mark had over a period of time acquired distinctiveness and the consumers associate the brand only with the Applicant and none else. For this purpose, the Applicant can file an Affidavit along with evidence to show the amount of money spent on advertisements, produce publicity… Read more »