Logo Registration
Logo Registration :-.
This
section stipulates that the trade marks which are devoid of any distinctive
character or which consists 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 goods or rendering of the services
or other characteristics of the goods or service or
which consist exclusively of marks or indications which have become customary
in the current language or in the bona
fide and established practice of the
trade shall not be registered, unless it is shown that the mark has in fact
acquired a distinctive character as a result of use before the date of
application. It also provides that a mark shall not be a
registered as trademarks if
(i)
It deceives the public or
causes confusion;
(ii)
It contains scandalous or
obscene matter,
(iii)
It contains or comprises
of any matter likely to hurt the religious susceptibilities,
(iv)
Its use is prohibited.
It
further provides that if a mark consists exclusively of
(a) The shape of goods which form the nature of goods themselves, or
(b) The shape of goods which is necessary to obtain a technical
result, or
(c) The shape which gives substantial value of the goods then it shall not be registered as trade mark Logo Registration Kerala.
In order to come to the conclusion whether one mark is
deceptively similar to another the broad and essential features of the two are
to be considered. They should not be
placed side by side to find out if there are any differences in the design and
if so whether they are of such a character as to prevent one design from being
mistaken for the other. It would be enough if the impugned mark bears such an
overall similarly to the registered mark as would be likely to misled a person
usually dealing with in to accept the other if offered to him Logo Registration Kerala.
