Why your trademark could be refused?

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

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Indian story of GI Application for Basmati Rice!

A geographical indication works as an indicator that allows producers in those areas to distinguish their goods from the goods of their competitors and maintain a reputation and goodwill around their products in order to attract a premium price. Registering a geographical indication in India involves: • identifying protected characteristics; • establishing effective representation and protection for stakeholders; and • ensuring that the benefits of the registration reach the people involved in producing the goods. The story of Basmati rice Basmati rice (Oryza sativa) means Basmati raw milled rice; parboiled rice and husked and unpolished Basmati rice. More details regarding the varieties, feature of each varieties, districts where and how it is produced can be had from here. We have...

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Different stages of trademark application in India

A trademark application after it is filed has to see through several stages of scrutiny before it is finally registered.  So, the applicant and or the applicant's counsel needs to diligently follow up with every stage of the application.  After the implementation of online filing, a.k.a. e-filing of trademarks, objections and other notifications are published online. Some of the common stages are as given below: 1)  Online New Application or New Application  - indicates that the application is filed and/or the data entry has been done. 2) Send to Vienna Codification - only applies to non-text trademarks, containing logo or label or artwork.  This means your non-text trade mark is being assigned with codes as per vienna codification 3) Formalities...

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