When Can a Trademark Application be Rejected?

By Trademark Bazaar - 27th September 2017

When Can a Trademark Application be Rejected?

The application submitted for trademark registration can be approved, objected or refused by the department due to various reasons. An applicant shall take utmost care while choosing trademark for its product or service. As if the trademark chosen by the applicant does not qualify for the requirements of trademark registration then it will be rejected by the department. Once an application is rejected by the department then the applicant can no longer use that trademark.

Various grounds on which trademark application can be rejected by the department as follows -

1) Use of generic words - An application shall be rejected by the department in case the trademark applied is very common or inclusive in nature.

2) The absence of distinctive character - An application for trademark will be refused if trademark lacks the distinct character to distinguish the product or service from the existing product or service.

3) Descriptive Words - The mark that conveys the information like the kind, quality, quantity, values, intended purpose, geographical origin, time of production of the products and services will be refused by the department.

4) The existence of identical trademark - In case the identical trademark to the trademark filed already exists then the trademark applied will be rejected. This is done in order to avoid confusion in the minds of people.

5) Prohibited under emblems and names - If the mark is prohibited to be used under the emblems and names Act it will be refused by the department. For example, the national flag cannot be used as a trademark.

6) Words hurting religious sentiments of people - Any trademark hurting the religious sentiments of the people will be refused by the department. For example Brand name Laxmi meat shop will be rejected by the department. 

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