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What is refused status in trademark?

What is refused status in trademark?

The trade mark status in the Indian Trade Mark Registry website shows as “Refused” when the Registrar/Examiner has refused a trade mark application after considering or hearing the applicant’s response to an examination report.

What are the grounds for refusal to register a trademark?

Section 9 and 11 of the Act provide for the absolute and relative grounds on which the registration of a trademark can be refused. These grounds for refusal of registration shall be discussed in detail as part of a series on the grounds of refusal of registration of a trademark. I.

Why was my trademark application rejected by the USPTO?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else’s (already existing) trademark, your registration will not be granted.

Can a deceptive Mark be granted trademark registration?

A deceptive mark cannot be granted registration, period. Deceptive marks are ones where the intent was to deceive the public, and also where deception actually occurred (i.e., consumers bought the product based on that deception).

What makes a trademark rejection a substantive rejection?

Substantive rejections are another matter. This type of rejection is based on an examiner’s assessment that the mark itself doesn’t qualify for registration. Changing the examiner’s mind on this point requires advocacy skills and a good working knowledge of trademark law—both attributes of competent trademark attorneys.

Section 9 and 11 of the Act provide for the absolute and relative grounds on which the registration of a trademark can be refused. These grounds for refusal of registration shall be discussed in detail as part of a series on the grounds of refusal of registration of a trademark. I.

What should you do if your trademark application is denied?

The office will require a response within six months so you should place that date, as well as a couple reminder dates, on your calendar. If you fail to respond on time, you will lose your application. Many applications are denied for simple administrative type issues. Luckily, these are usually easy to fix, but not always.

How to oppose a trademark for a color?

The mark is functional for its goods and services (i.e. the color neon-yellow cannot be trademarked for safety vests); The applicant is not using the mark or lacks a bona-fide intent to use the mark in commerce; The mark is geographically descriptive or geographically misdescriptive; The mark would dilute the opposer’s “famous” mark.

What are the legal barriers to trademark registration?

However, certain objections by a trademark examining attorney require substantial effort to overcome. These objections are usually based on the statutory bars to registration established in Section 2 of the Lanham Act. These bars include: Likelihood of confusion.