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Trademark -What not to register
- Not capable of distinguishing the goods or services of one person from those of another person;
- Consisting exclusively of marks 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
- Has become customary in the current language
- Of such nature as to deceive the public or cause confusion
- Contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India
- Comprises or contains scandalous or obscene matter;
- Consists exclusively of the shape of goods, which results from the nature of the goods themselves, or the shape of goods that is necessary to obtain a technical result or the shape, which gives substantial value to the goods.
- A word that is a commonly used and accepted name of any single chemical element or any single chemical compound in respect of a chemical substance or preparation or which is declared by the World Health Organization and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name
- A generic term
- Emblem- means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation- The name, emblem or official seal of the United Nations Organisation; The name, emblem or official seal of the World Health Organisation; The Indian National Flag; The name, emblem or official seal of the Government of India or of any State, or any other insignia or coat-of-arms used by any such Government or by a Department of any such Government; The emblems of the St. John Ambulance Association (India), and the St. John Ambulance Brigade (India), consisting of the device of a white eight pointed cross embellished in the four principal angles, whether or not the device is surrounded or accompanied by concentric circles or other decoration or by lettering; The name, emblem or official seal of the President, Governor, Sadar-i-Riyasat or Republic or Union of India.
- Any name which may suggest or be calculated to suggest the patronage of the Government? of India or the Government of a State; or connection with any local authority or any corporation or body constituted by the Government under any law for the time being in force.; The name, emblem or official seal of the United Nations Educational, Scientific and Cultural Organisation; The name or pictorial representation of Rashtrapati, Rashtrapati Bhavan, Raj Bhavan; The name of pictorial representation of Mahatma Gandhi, Pandit Jawaharlal Nehru, Chhatrapati Shivaji Maharaj or the Prime Minister of India or the words Gandhi, Nehru or Shivaji, except the pictorial use thereof on calendars where only the names of the manufacturers and printers of the calendars are given and the calendars are not used for advertising goods.
- The medals, badges or decorations instituted by the Government from time to time or the miniatures or replicas of such medals, badges or decorations or the names of such medals, badges or decorations or of the miniatures or replicas thereof.
- The name, emblem or official seal of the International Civil Aviation Organisation.
- The word Interpol which is an integral part of the International Criminal Police Organisation.
- The name, emblem or official seal of the World Meteorological Organisation.
- The name, emblem of the Tuberculosis Association of India.
- The name, emblem and official seal of the International Atomic Agency.
- The names Ashoka Chakra or Dharma Chakra or the pictorial representation of Ashoka Chakra as used in the India National Flag or in the official seal or emblem of the Government of India or of any State Government or of a Department of any such Government.
- The name of the Parliament or the Legislature of any State, or the Supreme Court, or the High Court of any State, or the Central Secretariat, or the Secretariat of any State Government or any other Government Office or the pictorial representation of any building occupied by any of the aforesaid institutions.
- The name and emblem of the Rama Krishna Math and Ramakrishna Mission consisting of a Swan floating on waters, with a lotus in the foreground and the rising sun in the background, the whole being encircled by a hooded serpent, with the words superimposed on the bottom portion.
- The names and emblems of the Sri Sarada Math and Ramakrishna Sarada Mission consisting of a Swan (facing right) floating on water, with a Lotus in the foreground and the rising sun in the background, the whole being encircled by a wild serpent (facing right) with the words superimposed on the bottom portion.
- The name of 'The Bharat Scouts and Guides' with its 'Emblem'.
- The name and emblem of the International Olympic Committee consisting of five interlaced rings.
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