The Trademarks That Cannot be Registered
The following are the types of marks that cannot be registered in India :
What Can Not Be Registered as TM
- Not capable of distinguishing the goods or services of one person from those of another person.
- Consisting exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service.
- Has become customary in the current language.
- Of such nature as to deceive the public or cause confusion.
- Contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India.
- Comprises or contains scandalous or obscene matter;
- Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
- Consists exclusively of the shape of goods, which results from the nature of the goods themselves, or the shape of goods that is necessary to obtain a technical result or the shape, which gives substantial value to the goods.
- A word that is a commonly used and accepted name of any single chemical element or any single chemical compound in respect of a chemical substance or preparation or which is declared by the World Health Organization and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name
- A generic term