Objection raised on trademark

Raju Balodi (Querist) 31 January 2013 This query is : Resolved
There is objection from the registrar of Trademark under section 9(1)(a) that the trademark which are devoid of any distinctive character, that is to say, NOT capable of distinguishing the goods and services of one person from of another persons.

Kindly give me the suggestion and format of reply which I can file to Registrar and also suggest the supportive documents which are required to prove that the said trademark is not devoid of any distinctive character.

Kindly do the needful and urgent basis

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ajay sethi (Expert) 31 January 2013
you have to reply to Registrar . point out the dsitinctive character of goods . how can we suggest the format of reply ?

prabhakar singh (Expert) 31 January 2013
Reply to Objections can not be in format.They would differ on case to basis.Visit a local lawyer.

R.K Nanda (Expert) 31 January 2013
no fixed format for it.

Guest (Expert) 31 January 2013
Not an objection, that is a refusal of registration of trademark in the absence of any distinctive character in the trademark to distinguish the goods or services of one person from those of another person.

So, there is a need to reapply with a fresh but unique trademark for the goods or services of your company.

Raj Kumar Makkad (Expert) 13 February 2013
It would be better if you specifically engage a lawyer for this purpose otherwise this is clear indication then you are not going to get the trademark as desired.

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