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Trademark similarity

Guest (Querist) 25 February 2013 This query is : Resolved 
Suppose there is already an application for a TradeMark with word, say 'Sehej' in class 44. which is represented along with the logo.

1. Now, if the other person also want to apply for the same word, which has been represented differently in different color and for different set of services (though falls under medical services only in Class 44)... where one of the middle letter has been presented as a symbol.

Whether it would be allowed... or will be objected straight way, due to phonetically similarity.

2. Further, in case such word is applied with a tagline, which is descriptive in nature, say 'physiotherapy & rehabiliation center'. Can it be objected on the grounds of descriptiveness ?
R.K Nanda (Expert) 25 February 2013
it will be objected.
Raj Kumar Makkad (Expert) 06 March 2013
It shall not be allowed as the earlier application shall be decided first.


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