We at Eshwars are delighted to share our next video from our AllThings IP, knowledge video series. In this video titled “Absolute grounds for refusal” we discuss the absolute grounds for refusal of trademark registration in India also known as Section 9 objection. Please watch the video to know the common absolute grounds for refusal of trademark and the exceptions to it. We also request you to subscribe to our YouTube channel – Eshwars to receive regular updates. In case of any queries, feel free to write us at ip@eshwars.com.

ABSOLUTE GROUNDS FOR REFUSAL

GRAFFITI #1

MCA vide its general circular dated 18 th June 2014, had clarified that the activities undertaken by the company under its CSR policy should be relatable to Schedule VII of Companies Act 2013, and that the entries in Schedule VII should be interpreted liberally in order to capture the essence of the items in the said schedule.

On account of pandemic, MCA vide its circular dated 23 rd March, 2020 had further gone ahead to clarify that spending of CSR funds for Covid-19 is an eligible CSR activity under item I (promoting health care including preventive health care) and item XII (disaster management) of Schedule VII.

In addition to the above, MCA has clarified that.. Read More

GRAFFITI #2

While April 2021 witnessed the beginning of the second battle against Covid, India’s PhonePe and BharatPe duelled over the suffix ‘Pe’ used as part of their respective trademarks. On 15 th April, the Delhi High Court passed an order refusing to grant an interim injunction in favour of PhonePe in a commercial suit filed by it against BharatPe (Ezy Services & Anr.). A single judge bench of the Hon’ble Delhi High Court dismissed the said application observing that PhonePe cannot claim exclusive right over the suffix “Pe” as the term “Pe” in PhonePe is nothing but an alteration of a descriptive word “Pay” in the context of the business use of the said trademark, and hence no exclusivity can be claimed, over a descriptive mark, or a descriptive part of the mark, even by misspelling it. It further stated that... Read More

GRAFFITI #3

An average consumer in today’s world does not acknowledge a product just from its brand name or appearance but is also highly interested in the way the products feel and the shape of their packaging. A three-dimensional trademark is a type of non-conventional trademark that comprises the 3D shape of a product, or its package/container created to acquire distinction among its competitors. A 3D mark may include shapes of the container in which the product is packed (example: the shape of the Coca-Cola bottle) or the shape of the product itself (example: the shape of KitKat and Toblerone chocolate bars). The Trade Marks Act, 1999 defines a mark and a trade mark to include... Read More