This is with reference to Section 9(1) (b) of the Trade Marks Act 1999.

I got an objection regarding my trademark application under the above section.

The examination reports it as :

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 objection is raised under S 9(1) (b) of the Trade Marks Act 1999, as the mark consists exclusively of words 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;

I would like to see some examples on how people have responded to such objections. Appreciate your help in this regard. Thanks

  • 2
    Your trademark is just a description of the thing. That makes it too vague a trademark to allow, since it is either difficult to tell apart from generic usage or would prevent the majority from using a common word. – Nij Aug 17 '17 at 7:47
  • @Nij Thanks for your comment. Is it possible to request in the reply amendment of the proposed mark? (for example by adding a distinctive word at the end) ? – gpuguy Aug 17 '17 at 10:32

As per my recent application experience we can amend our application for trademarks all we want or may need by simply submitting the request to the examiner who will amend the application if the amendment meets the requirements for a legitimate mark.

We can also amend after the mark has been published to the Gazette to enable any opposition but doing so then requires filing a Post Publication Amendment which gets iffy and may be costly.

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