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Q. What trademarks may not be registered?
A. Trademark which is identical to or deceptively similar to a trademark
which is already registered or has already been applied for in the name of a
different proprietor in respect of the same goods or description of goods,
may not be registered. Also trademark the use of which would be likely to
deceive or cause confusion; the use of which would be contrary to any law in
force; which comprises or contains scandalous or obscene matter or any
matter likely to hurt the religions susceptibilities of any class or section
of the citizens of India; may not be registered.
Q. What is the procedure to be followed before applying for registration?
A. Conduct a market research to ascertain whether any identical or
deceptively similar mark is used for the same goods by any other person. It
is advisable not to imitate other persons trade mark or any other well known
trade mark even if the goods are different. Before applying for registration
it is desirable to obtain preliminary advice regarding the distinctiveness
of your mark from the Registrar.
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