Trade mark application objected
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
Dear Experts,
A Trade-mark application was submitted under Class-42 for a CONSULTANCY FIRM,
"Class 42 in respect of Consultancy services on all matters relating to the commencement or expansion of business/industry, investments and trade strategy and business development services to and for institutions, concerns, bodies, associations (incorporated or unincorporated), departments and services of the Government, public or local authorities, trusts, scientific research and development centers, and related services ancillary to the above mentioned services, ‘in and included in Class 42’.
The above said application was objected by the Trade mark registry (there is no opposition, but the objection by registry) as follows :-
"The above mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade Mark Rules,2002 and the trade mark applied for is open to objection under the following sections :
1. The trade marks-which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;which consist 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.
2.Other Objection/Requirement/Conditions/Restrictions.
YOU ARE REQUESTED TO AMEND SERVICE DESCRIPTION SINCE ALL SERVICES ARE FALLING IN DIFFERENT CLASSES EXCEPT "SCIENTIFIC RESEARCH AND DEVELOPMENT CENTERS".
In your esteemed opinion, what shall be the best reply to the above objections. If any case laws are provided, the same will be highly appreciated. Thanks and Regards.
Heaven 2011
(Expert) 11 November 2011
Consult with your Trade Mark attorney to file a detail response and an affidavit of use with the Registry. The next stage will be hearing. Either you or your attorney will be present to show cause.
