WHEN WILL A TRADEMARK GETS REFUSED?
WHEN WILL A TRADEMARK GETS REFUSED? Trademark Applications filed before the Registrar of Trademarks, go through certain mandatory stages before Registration. After submission of the Application, the Registry will scrutinize the applications. After scrutiny, the registry shall refuse the mark if the same is not in accordance with the conditions specified in the Trademark Act,1999 and Trademark Rules,2017. Absolute Grounds for Refusal: Section 9 of the Trademarks Act deals with absolute grounds for refusal of a Trademark. A trademark application can be refused on the absolute grounds as provided under Section 9. Before going to the procedure of the same, one must understand the essence of Section 9 of the Trademarks Act. Section 9 in a Nutshell Any Application filed for registration of Trademark is liable to be refused if the mark Is Devoid of any distinctive character, not capable of distinguishing the goods or services of one person from those of another person. Contains marks or indications which may serve in trade to designate the kind, quality, quantity, or other characteristics of goods or services. Exclusively contains of marks which have become customary in the practices of the trade. Can deceive or confuse the public. Is likely to hurt the religious sentiments of any class or section of Indian citizen. Contains any kind of scandalous or obscene Is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. Contains the shape of goods which results from the nature of the goods Contains The shape of goods which is necessary to obtain a technical result. Contains The shape of goods which adds substantial value to the goods. However, it is also clarified that the trademark application shall not be refused registration, on the ground of the nature of goods or services in relation to which the trademark is used or proposed to be used. Opportunity of Being Heard: The Applicant will be given an opportunity to furnish necessary information to prove that the Trademark is not liable to be dismissed under Section 9 of the Act. Only after hearing the Applicant, the Registry shall pass an Order of Refusal if any. The Trademark Act has clearly stated the grounds of refusal for registration and every person who intend to apply for a Trademark Registration need to understand the same before applying of registration of Trademark.
Read moreFAQ’S ON PARTNERSHIP FIRM REGISTRATION
What is a Partnership Firm? A Partnership Firm in India is governed by the provisions of The Indian Partnership Act, 1932. As per Section 4 of the Indian Partnership Act ‘’Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all’’ Who is a Partner? As per the Section 4 of the Indian Partnership Act Persons who have entered into partnership with one another are called individually as ‘’ Partners’’ What is a Partnership Deed? A Partnership Deed is a written legal document signed by the partners at the time of commencement of the partnership. A partnership deed or a partnership agreement is the essence of the partnership where all terms and conditions pertaining to the partnership are set forth. The partners can make changes in the terms of the Partnership Deed at any time in the future at their mutual consent. What are the minimum and maximum numbers of partners required in a partnership firm? Minimum of two persons can form a partnership. Rule 10 of Companies (Miscellaneous) Rules, 2014 restricts the maximum number of partners to form a partnership to fifty. Is registration of a partnership firm is mandatory in India? In India Registration of a partnership firm is not compulsory but optional. However a partnership firm cannot avail certain legal benefits provided to the firm under the partnership act, 1932, if the firm is not registered. What is the procedure to register a partnership firm in Tamil Nadu? The Tamil Nadu Registration Department, in view of ease of doing business, had issued a circular dated 07.12.2020 and introduced online registration for partnership firms. The procedure, stated above is required to be done online in www.tnreginet.gov.in . Application form, copy of the partnership deed and other documents if any shall be filed through the said portal along with the prescribed fee. After approval, the certificate of registration will be available online and the same can be downloaded. What are the documents required for the registration of a Partnership Firm? Partnership deed, duly executed. Application form in Form I, signed by all partners. Address proof of the partnership firm Proof of identity and address proof of all the partners in the firm Receipt of registration Fee paid online through TNREGINET Portal.
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