The grounds of objections can be broadly classified into three categories
- Absolute Grounds of Refusal
The TM Department may out rightly refuse the application where the applied Trademark is without of any distinctive character, or contains the characteristics of the goods/ services, or deceive the public or cause confusion, or hurt the sentiments of any religion, scandalous or obscene matter, or prohibited word.
- Relative grounds of Refusal
The TM department issues such objections where the applied Trademark is identical or similar with an earlier applied Trademark or an existing registered Trademark, and the same may create confusion among the public in general.
In this category the department objects if the applied Trademark is not properly filed as per the prescribed procedure, such as, use of incorrect form, mentioning wrong specification of goods and or services, not following the Nice classification for specification of goods/ services, incorrect details in the application, wrong classification of Trademark Class.