What are the statutory Relative objections?

Denial for registration of a trademark may be based on relative statutory grounds or absolute statutory grounds. The relative grounds concern conflicts in connection with marks and signs that may arise between applicants for marks and owners of earlier rights. Subject to consent of the interested third parties the following marks would not be registered.

  • marks which resemble other marks already validly filed or registered by a third party or by a party validly claiming priority in respect of the same goods or of other goods in connection with which use of such marks may likely mislead the public.
  • Marks which constitute reproduction or an imitation or a translation likely to mislead the public or to create confusion with a well known mark which belongs to a third party.
  • Marks which infringe other third party rights or contrary to the rules for the prevention of unfair competition. Third party rights such as the right to a trade name or a copyright or a registered design.

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