On what grounds can a trademark be refused in India?

1. Absolute Grounds for Trademark Refusal in India:

  • Trademarks which are devoid of any distinctive character; that is to say, not capable of distinguishing the goods or services of one person from those of another person;
  • Trademarks which consist exclusively of marks or indications which may serve in a trade to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of goods or of rendering of services, or other characteristics of goods or services;
  • Trademarks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade.

 

2. Relative Grounds for Trademark Refusal in India:

If identical trademarks are found or if similar trademarks are found (similar to Canada, US or Australia).

 

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By |2019-06-08T15:57:03+00:00June 8th, 2019||0 Comments

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Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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