Dear Learned Sirs/Madam advocates,
i applied for TM in the name NEW MEDICAL CENTRE (word) under class 44.the applied mark is in application hearing stage. We are using the mark since 1995 in a full fleged manner and i am having records to prove the same. But in application hearing they are refusing my mark as it is descripttive in nature. kindly suggest what to do? The logo mark of new medical centre is registered and subsisting.now i need the word mark too get registered. kindly advice me. i searched for recent caselaws but i am not able to get. kindly suggest me some recent landmark caselaws so that i can convince the hearing board members and can register my mark. i need my mark to get registered.likewise except me no one is using the new medical centre for hospitals in india. kindly advice and help me.
Thank you in advance.
Draft a reply in respect of your claim and file documents alongwith the reply.
With respect to section 9 (1)(a) reply that since your mark is being used since 1995 it has acquired a distinctive character and further that since there are no similar trademarks to that of your trademark no confusion or deception would arise among the other traders/ manufacturers, customers or the unwary consumers.
With respect to section 9 (1) (b)-that a descripttive trademark may be entitled to protection if it has assumed a secondary meaning which identifies it with a particular product or has been from a particular source; the same has been upheld in
Godfrey Philips India Ltd. (supra)
You can further write that you are claiming right on the whole word and on separate words and further the disclaimer has already been attached according to which you will not get the right upon the whole word n not each seaparat word. That the words if seen seaprately are common and generic words over which nobody can claim exclusive right.