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    Trademark Reply under Section 9(1)(a)

    Posted By : CS Shiriti / Published on : 24-Mar-2020 04:03 PM / View : 2192 / Comment : 3

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    Dear Members

    Can anyone share the reply to made to objection raised under Section 9(1)(a) of Trademark Act
    Read more on : section under reply trademark

    • Objection raised under Section 9 (1) (a) of the trademark act is that the proposed mark is devoid of any distinctive character,that means not  capable of being distinguish itself from others.

      In your examination reply report you have to briefly explain about the features of your trademark which are as follows, 

      - you have to explain about how your trademark is associated with your goods or service which you provide;

      - what are the key features of your trademark the shape or design which you have selected for registration is unique and not simple and being capable of distinguish itself from others;

      - you have to explain that your treademark is not descriptive in nature, means it does not define the use of the goods or services, for instance you cannot get registration of the word "SAFAI" for Brooms, becasue it is directly connected with the intended purpose of the goods;

      - you have to mentioned in your reply that your mark has gain recognition in relation with your goods/services;

      - You can also state this point hat there is no similar or identical mark in the market whcih makes any confusion; and

      - you can ask the registrar in your reply, to make your trademark "Advertise before acceptance" under Section 20 of the trademarks act, by citing the judgement of "Cadila Pharmacuticals vs Registrar of Trademark". 

      04-08-2023 / 09:54:19 AM
      Reply
    • If you want to register the word "SAFAI" for brooms, you must demonstrate that your trademark is not descriptive in nature, meaning it does not define the use of the goods or services.

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      18-10-2023 / 03:43:39 AM
      Reply
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