ONLINE TRADEMARK REGISTRATION
Classification of goods and services –
(1) The
Registrar shall classify goods and services as far as may be, in accordance
with the International Classification of goods and services for the purposes of Online Trademark Registration
(2) Any question arising as to the class within
any goods or services falls shall be determined by the Registrar whose decision
shall be final.
Registrar is required to classify goods and
services in accordance with the International classification for the purpose of Online Trademark Registration and his decision is final.
Publication of alphabetical index –
(1) The Registrar may publish in the
prescribed manner an alphabetical of classification of goods and services
referred to section 7.
(2) Where any goods or services are not specified
in the alphabetical index of goods and services published under sub-section
(1), the classification of goods or services shall be determined by the
Registrar in accordance with sub-section (2) of section 7.
Absolute grounds for refusal of registration –
(1)
The Trade Marks –
(a)
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;
(b) Which consist exclusively of marks or
indications which may serve in trade to designate the kind, quality, 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;
(c) Which
consists exclusively of marks or indications which have become customary in the
current language or in the bona fide
and established practices of the trade,
Shall
not be registered:
Provided that a trade mark shall not be
refused registration if before the date of application for registration it has
acquired a distinctive character as a result of the use made of it or is a
well-known trade mark.
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