Nov 7, 2014

Trademark for Amma water likely to be rejected

The process of getting a trademark for ‘Amma Mineral Water’ has hit a roadblock at the Office of the Trade Marks Registry, Chennai.
It is learnt that the Registrar of Trade Marks, which said that similar trade marks were already on the register, has asked the applicant — State Express Transport Corporation, Tamil Nadu — to submit its response.
As the transport corporation did not file its response within the stipulated time, the application would be rejected in due course, the Registrar said.
In 2013, former Chief Minister of Tamil Nadu Jayalaithaa decided to set up Amma Mineral Water manufacturing units on behalf of the Tamil Nadu government transport corporations throughout the State to provide “hygienic and sterile drinking water at affordable price.”
From September, the sale of packaged drinking water began at Rs.10 per litre initially in Chennai. It was later extended across the State.
On August 14, 2013, the State Express Transport Corporation Tamil Nadu Limited approached the Registrar of Trade Marks, Office of the Trade Marks Registry, Chennai, for trademark registration. After examining the application, the Registry put it in the “objected list” as similar marks were already on the register.
M.S. Kamble, Registrar of Trade Marks, said the application has been examined under the provisions of Trade Mark Act 1999 and Trade Mark Rules, 2002.
“The trademarks are devoid of distinctive character,” he said.
The trade mark, Amma Mineral Water, is open to objection on relative grounds of refusal under Section 11 of the Act because the same/ similar trademarks are already in the record of the register for the same or similar goods/ services.
In a communication to the applicant, Mr. Kamble said the trademark should not be registered because of its identity with an earlier trademark and similarity of goods or services.
“Similar trademarks already on record of the register for similar goods or services”

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