Please enable JavaScript.
Coggle requires JavaScript to display documents.
Grounds for refusal of registration of trademark, ✔Other defenses/…
Grounds for refusal of registration of trademark
🚫Absolute Grounds {S.9}
Lack of Distinctiveness {S.9 (1) (a)}
Descriptive Marks {S.9 (1) (b)}
Deceptive Marks {S.9 (2) (a)}
Customary Terms in Language or Practice {S.9(1) (c)}
Hurts Religious Susceptibilities {S.9 (2) (b)}
Scandalous or Obscene {S.9 (2) (C)}
Use Prohibited under Law {S.9 (2) (d)}
Emblems, flags, etc. (e.g., The Emblems and Names (Prevention of Improper Use) Act, 1950)
1 more item...
Defense: Permission or non-violation clarification
Shape mark resulting from nature of good {S.9 (3) (a)}
2 more items...
Against morality or public order
Ex: Obscene Figurative as Mark
Defense: Prove non-offensiveness in context
Hurting sentiments of any religion or community
Ex: Using a religious symbol or deity image over alcohol brand
Defense: Cultural or contextual justification
Common words used in trade
Ex: Laptop as a mark for a Laptop product
Defense: Distinct presentation or acquired uniqueness
Likely to deceive public
Ex: Mark containing Animal free on a product containing Meat
Defense: Clarification of nature/use
Indicate kind, quality, quantity, purpose, etc.
Ex: Using No. 1 or Best for a Trademark
Defense: Secondary meaning
Generic, descriptive, or common terms
Ex: Chips as a trademark for Potato chips goods
Defense: Acquired distinctiveness through use
Related to the inherent characteristics of the trademark
â›”Relative Grounds {S.11}
Similarity to Already Registered Marks
Resembles Well-Known Trademarks
Likelihood of dilution or unfair advantage
Defense: Not used in bad faith / dissimilar goods or services
Identical or similar to an existing registered trademark
Likely to cause confusion
Defense: 1. Honest concurrent use (Section 12) 2. Different trade channels or customer base 3. Consent from the prior owner
Concerned with conflict with Pre-existing marks
Trademark Registry can refuse registration of trademark during the examination stage
✔Other defenses/ Exceptions
Prior Use (Section 34)
Use before the date of registration of the conflicting mark
Honest Concurrent Use (Section 12)
Bona fide and parallel use of similar marks
Non-Commercial Use
Use for academic, commentary, or descriptive purposes
No Likelihood of Confusion
Use in a different market segment or with clear differentiation
