TradeMark What is a Trademark ? Trademark is a sign or name which is capable enough to distinguish the goods and services of one enterprises from of other enterprises. In Case of artistic work since from ancient time artist used to make their mark so that work may be easily distinguished easilys. Trademark Objection After Making trademark Application, Further work lies with the trademark registry and at this stage trademark registry consider for trademark credibility and its existence in the market. Intellectual Property Right is a right which gives strength to business to expand without fear of stealing Brand, Process which is unique and providing a particular business a superior advantages in comparison to their competitors. There are different segment is to be considered for protection of intellectual Property Right and after selection proper platform is to be considered. Basically Intellectual Property are protected by the law, which enables business enterprises to earn recognition or monetary benefit.IPR maintain right balance between the interest of inventor and protection to the general public for any confusion.
Applications for registration of trademarks are normally objected for registration on following main provisions of the Trademarks Act-
1) Section 9- which describes “absolute grounds for refusal of trademarks” which are not prima facie “capable of distinguishing” the goods/services of one person from those of another person are devoid of distinctive character.
2) Section 11, which sets out “relative grounds for refusal”’ by reason of conflict with prior trademarks and well-known marks, however under Section 12 a mark could be registered on the basis of “honest concurrent use” when supported by evidence to that effect
3) Section 13 under which a mark is prohibited for registration in respect of chemical products on the ground that it consists of name of a chemical element or an international non-proprietary name
4) Section 14 under which a necessary consent of a person, whose portrait appears on the trademark, is required
5) Section 15, which governs provisions relating to registration of a trademark as “a series”
6) Section 16, which govern provisions relating to association of trademarks.
Section 9 (1) of the Act sets down the following absolute grounds for refusal of registration: It states that-
- a) 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;
- b) trademarks which consist exclusively of marks or indications which may serve in 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 service,
- c) 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: