Introduction
Registration of the trademark is administered by the Trade Marks Act, 1999 (Act), based on the rules made thereunder. The initial concept of trademark registration can be traced back to 1876, introduced for the protection of brand identity. The Trade Marks Act, 1999, governs the registration, protection, and enforcement of the trademarks in India, and the Registrar of the Trademark Registry is endowed with these powers and obliged to examine and decide upon the trademark applications. One such power is the withdrawal of the application after the acceptance of the trademark application before registration, if the registrar finds it deemed fit. Notably, all the trademarks are not eligible for the registration due to their non-distinctive, unlawful characteristics and are therefore withdrawn by the Registrar even after the acceptance of the same. These withdrawals are based on the erroneous acceptance of the trademark application as per the Registrar or on any grounds of refusal provided in Sections 9 and 11 of the Act.
Section 19 of the Trade Marks Act, 1999
Section 19 of the Act empowers the Registrar to withdraw the acceptance of the trademark application, even after it has been accepted but not registered, under certain circumstances. This provision serves as a protecting guard for ensuring that only lawfully eligible trademarks are registered. Hence, the registrar may, after hearing the applicant, withdraw the trademark application and proceed as if the application was not registered if the registrar is satisfied that—
Grounds for Withdrawal of Acceptance
The registrar may withdraw the acceptance of the trademark application as per Section 19 of the Act, based on certain grounds—A) Application accepted in error without the proper assessment.B) Application not eligible for registration because-
a. The trademark is generic, descriptive, or devoid of any distinctive character.
b. The trademark is similar to an earlier trademark and may lead to a likelihood of confusion amongst the public at large.
c. The trademark is offensive, immoral, or contrary to public interest or laws.
d. Other grounds deemed fit by the Registrar
Procedure for Withdrawal of Acceptance of Trademark Application
The Registrar must issue a notice to the applicant informing them of the intent to withdraw the acceptance and provide the applicant with an opportunity to be heard, either in the form of a written submission or an oral hearing.
The Registrar will issue an order to that effect if the Registrar is still satisfied that the acceptance should be withdrawn.
The application is regarded as though it had never been accepted after the acceptance is withdrawn. The application may then be rejected outright or subject to a fresh examination by the Registrar.
Conclusion
Section 19 of the Act serves as an imperative safeguard against erroneous and improper acceptance of trademarks. It grants the Registrar the power to ensure that no improper application of the trademark is accepted. By empowering the Registrar to withdraw acceptance in appropriate cases, this provision helps to maintain the integrity of the trademark register and protect the interests of consumers and legitimate trademark owners.
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