Yes, sounds or smells are registrable as a mark.
They should be capable of being reproduced graphically and should be distinctive. Sound – musical notations along with the sound recording Smell – chemical formula along with the sample
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 »
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 »
Yes, any person by applying in Form 55 and payment of an official prescribed fee can get an opinion from the registrar as to the distinctiveness of the proposed mark by mentioning the mark as well as the goods or services with which the marks are proposed to be used.
Yes, it is possible to make a request for search.
The Trade Mark Office requires that an application for registration must be made in Form 1 in triplicate along with a prescribed fee of Rs. 2,500/- per application per class. Form 1 should be accompanied by five representations of the brand in the prescribed manner. On receipt of the Application, the Trade Mark Registry… Read more »
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 »
It is imperative that the Applicant must respond to the requirements of the Examination Report within 30 days. If the Applicant either does not respond to the Examination Report or fail to comply with the requirements of the Report, the Application shall be deemed to be abandoned. In such a case, the Applicant does not… Read more »
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 »
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