Relative grounds for refusal of Trademark Logo Registration When a Firm or a proprietor files for a Trademark Logo Registration with the IPR Authority in India, the filed application goes through multiple stages. The primary two steps are the procedure of application filing by the Registrar and the Assessment of the filed application by the Examiner. The latter is carried out to ensure that the filed Trademark does not bear a resemblance with any of the pre-existing registered trademark logos. In case the Examiner finds any similarity, then the Examiner can raise an objection with the Trademark Proprietor.
The Examiner can refuse to accept an application on two grounds: Absolute and Relative. In this, the former refusal is quite obvious to the Examiner as well as the Trademark Applicant. But, the latter one, the Relative Grounds for Refusal, can get very obscure and ambiguous for the applicant. Therefore, we decided to write this article to detail every aspect of the relative grounds of refusal on which the Examiner can reject or object to your application.
Trademark Logo Identity As per the defined sections of the Trademark Registration Act, said section 12, The RoT, i.e., the Registrar of Trademarks, cannot register a filed trade mark in any of the following cases: ● The identity of the Trademark is similar to an existing Trademark ● Filed Trademark's goods and services are covered by another Trademark