Reply to TM Examination Report
1. Objection to acceptance
2. Conditional acceptance
3. Registrar objection based on the absolute grounds of refusal under Section 9
4. Registrar objection based on the relative grounds of refusal under Section 11
5. Examples of grounds on which the registrar refuses the application
- The application is not made in the manner prescribed by the rules.
- he registration of attracts any of the absolute grounds for refusal under Section 9 or any other relative grounds for refusal under Section 11.
- The trademark offends Section 13 and in the case of textile trademarks against Section 80 also.
- The applicant does not agree to any of the amendments, modifications, conditions or limitations imposed by the Registrar.
- The applicant is not entitled to claim proprietorship to the trademark under Section 18 or has never used and has no Bonafide intention to use the mark in respect of the goods for which he seeks registration.
- The mark is common to the trade.
- The applicant does not agree to the association of the mark as required by the Registrar.
- The Registrar may withdraw the acceptance before registration on the following grounds, namely.
- The application has been accepted in error, or
- In the circumstances of the case the trademark should not be registered or should be registered only subject to conditions or limitations or to conditions additional to or different from those subject to which the application has been accepted.
- After acceptance of an application, registration may still be refused on any of the following grounds.
- The application has been successfully opposed.
- In the circumstances of the case or on directions of the Central Government, the trademark should not be registered [Section 23(1)].