The grounds of refusal are listed in section 9(1), (2) and (3) which argued are need for registration. There are four major types of trademarks like words, names, signatures and other distinctive marks. Most of the principles are relating to their registration would endure reliable under the new dispensation of requisites.
Must be a trademark
Any mark which is a trademark may be registered for any services or goods. If it is not there are two types of grounds for refusal or other particular conditions. The first mandatory is that it should be a trademark of 1999 act. The idea of trademark provides many conditions as has been specified earlier while explaining the legal concept of trademark.
Distinctive character
The most pre-requisite for trademark registration – distinctive character appears from the presence of words. A mark shall be only a trademark, if in addition to fulfilling other conditions in the explanation of trademark. The distinguishing and identification functions appeared by the trademark must be fulfilled by the trademark is to be registered in India.
The Indian parliament has chosen a less demanding condition for “capability of distinguishing” as compared to adaptability of knowing for general applicability to all trademark registration.
The registrar, the courts and board now do not need increased capacity to comparing. If secondary association with goods and services can be showed, commonly the mark is accepted as possessing distinctive character. So, the trademark registration does not guarantee completely. Normally the registration should be granted, if there are no objections.
Time of possessing distinctive character
For grant of trademark registration, the condition needs addition of particular character before the date of application for registration. The clause rolls back some of the options in which the courts had started testing the distinctiveness at the time of evidence or hearing stage in relation to trademark registration application.
The “relevant date” for secure of distinctive character is the date of application. So, it is considered what is reasonably foreseeable on which date as to the future use or matters in relation to the mark and goods/services.
Registration procedure remains same
The factors and methods for deciding the capability of knowing possessed by the trademark in favor of the services or goods to which it is applied under the act 1999. The board shall continue to consider the inherent features of the trademark which make it capable of identify the goods or services.
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