WebSection 9 called Absolute Grounds and Section 11, called Relative Grounds, of the Trademarks Act, 1999 provides certain grounds on which a trademark could be refused registration. Absolute Grounds Section 9 (1) lays down “The trade marks —— Webhence it cannot constitute a distinctive trade mark. S.9 (1) of the Trade Marks Act, 1999 provided that even a descriptive trade mark may be registered if before the date of application of registration, the mark acquires a distinctive character on account of the use or has become a well-known trade mark. Such descriptive trade mark may be
Legal framework and regulations governing trademarks in India
WebFeb 19, 2024 · The Registrar of Trade Marks, Trade Marks Registry, Boudhik Sampada Bhavan, Antop Hill, Mumbai- 400037. Sub: Reply to objections under S. 9 (1) (a) of Trade Marks Act, 1999 in respect of application number 565383 in class 14. Ref: Your Examination Report dated 19.02.2024. Sir, WebAbsolute Grounds of 'Distinctive' and 'Distinguish' Character under Section 9(1) (a) of the Trademarks Act, 1999 Analysis of Trademark Genericide: Meaning, Effects and ways to Protect An analysis on the proviso of Section 9 (1) (b) of the Trademark Act, 1999 pickle bills fairport harbor ohio
How to Reply Trademark Objection in Examination Report Under Section 9 …
Web1. The objection is raised under S 9 (1) (a) of the Trade Marks Act 1999, as the mark is a common surname/personal name/geographical name/ornamental or a non-distinctive geometrical figure and as such it is not capable of distinguishing the goods or services of one person from those of others. WebJun 24, 2009 · In order to prevail on its trademark infringement claim under Section 32 of the Lanham Act, Plaintiff must demonstrate that (1) it had prior rights to the mark at issue; and (2) Defendants adopted a mark or name that was the same, or confusingly similar to Plaintiff's trademark, such that consumers were likely to confuse the two. WebFeb 4, 2024 · (9) The Registrar shall not require such condition to determine that a trademark is a recognised trademark, in any of the following, namely: (i) that the … top 20 offensive tackles in the nfl