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    Reply Sec 11

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    Capital

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    Reply Sec 11

    Uploaded by

    Capital
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    Reply Sec 11

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    of 3

    With reference to the above application, the point wise reply is as under: -

    To,
    The Registrar of Trade Marks,
    Trade Marks Division Intellectual Property Bhavan
    Beside Antop hill post office,
    S.M Road, Antop hill Mumbai- 400037.

    Subject: REPLY TO EXAMINATION REPORT:

    Ref.: Application no. 6351257 in class 20 in the name of Sarbjeet Singh Hari Singh
    Sardar

    Respected Gentlemen/Madam,

    In reference to the examiner report no. TMR/MUMBAI/EXM/2024/ and report dated


    15/04/2024 above cited application no. we are making compliance as under:

    Trade Mark:
    A trade mark (popularly known as brand name ) in layman’s language is a visual symbol
    which may be a word signature, name, device, label, numerals or combination of colors
    used by one undertaking on goods or services or other articles of commerce to
    distinguish it from other similar goods or services originating from a different
    undertaking.

    The legal requirements to register a trade mark under the act are:
    •The selected mark should be capable of being represented graphically (that is in the
    paper form).
    •It should be capable of distinguishing the goods or services of one undertaking from
    those of other.
    •It should be used or proposed to be used mark in relation to goods or services for
    purpose of indicating or so as to indicate a connection in the course of trade between
    the goods or services and some person have the right to use the mark with or without
    identity of that person.

    The above mentioned application has been examined under the provisions of
    Trade Mark Act, 1999 and Trade Mark Rules, 2002 and the trade mark applied for
    is open to objection under the following sections:
    •The trade mark application is open to objection on relative grounds of refusal under
    section 11 of the act because the same/similar trade mark(s) is/are already on record of
    the register for the same or similar goods/services. The detail of same/similar
    trademarks is enclosed herewith. The objection is raised under s 11 (1) of the trade
    marks act, 1999, as the mark is identical with or similar to earlier marks in respect of
    identical or similar description of goods or services and because of such identity or
    similarity there exists a likelihood of confusion on the part of the public.
    As to the Objection raised in Para 1:

    1. It is submitted, that the ingenious mark “MERAKI MIRRORS” It is fresh word mark
    created by the proprietor. It is the unique name and distinct from any other trademark.

    2. With reference to the examination search report enclosed with the objection letter, the
    mark is represented “MERAKI DECOR”, “DEVICE OF MERAKI” & “MERAKKI WITH
    DEVICE” are different from “MERAKI MIRRORS” hence, provisions of section 11(1)
    are not attracted and therefore the objection raised may kindly be waived.

    3.It is further submitted, that proprietor mark has acquired ingenious in respect of the
    goods/ services which fall under class-20 consisting of mirrors [looking glasses], glass
    cabinets, glass for use in framing art, looking glasses, glass knobs, cheval glasses,
    mirror frames, mirror stands, mirrored cabinets, personal compact mirrors.

    4. It is further submitted that the logo applied by the applicant is totally different from all
    other applications on which basis objection raised.

    5. It is further submitted that the mark applied by the applicant in totally different in the
    nature of pronunciation and writing sense from all other applications on which basis
    objection raised.

    As a result of this, he acquired popularity and good will in the market.

    Comment on this sec 11 and sec 11(1):


    This sec 11 (1) provides relative grounds for the refusal of registrations of a trade mark.
    A trade mark cannot be registered if because of (I) its identity with an earlier trademark
    and similarity of goods or services, (II) similarity to an earlier trade mark and the identity
    or similarity of the goods and services, there is likelihood of confusion on part of the
    public, which includes the likelihood of association with earlier trade mark on record of
    the register.

    It is further submitted that, being a trademark of distinct character, the public in general
    may not get confused of the likelihood and application with the earlier marks on record
    of the register. It is to be noted, that the reply to the letter is submitted within the time
    period provided under section 132 of the Trade Marks Act, 1999. It is requested to
    waive the objection raised under section 11(1) of the Trade Marks Act, 1999 and accept
    the application for registration.

    Hence, the Honorable Registrar of Trade Marks is kindly requested to accept the Mark
    and make it published into Journal of Trade Marks or give us date of Hearing.
    Thanking you.

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