TRADEMARK- Application and Registration

A distinguishing “mark” that separates goods OR services of one provider from another.

•Wordmark

•Design Mark

•Sound

Smell (rarely, specific jurisdiction)

Registered Trademark?

•Examined and Registered under the Trademark law of a specific country and provide an exclusive right

Well known Trademark

•Those Trademark have already become known/ popular by use in public domain and created an impression in public domain are well known trademark.

Conditions of Trademark registration: Grounds for Rejections

Act 9. Absolute grounds for refusal of registration:
(a)Trademark which are devoid of any distinctive character, not capable of distinguishing the goods or service from one person to another.
(b) Contains exclusively marks or Indications that may serve in trade to designate the kind, quality, intended purpose, value or other quality of goods and service

Act 11. Relative grounds for refusal of registration:
(a)Trademark under examination is identical with an earlier trademark, similarity of goods and services.
(b) Similarity to earlier trademark and identity or similarity of goods or services covered by earlier trademark