Can I use my trademark application name/number to apply for a loan license
We are a chemical and pharmaceutical trading firm. We have a wholesale FDA license issued by the Maharashtra state government – Form 20B, 21B.
We are now interested in starting our own cosmetic brand and have applied for trademark for the same. Our trade mark application has been objected by the trademark office and have been moved to show cause hearing. We have waited for almost 2 months to get the hearing date but unfortunately no news from the trademark office in Mumbai.
We tried to get in touch with the Trademark office and were informed that no hearing dates will be given till March/ April, due to Covid situation. The concerned officer however said that you can begin your work using application number and we will not object the same.
Now, the question is
- Can I use my application name/number to apply for a loan license – Form 32 A?
- What if my license gets accepted and my trademark get rejected/objected after hearing?
- Also, other than license in Form 32 A, do I need any other license to sell/ distribute my products online?
Asked 5 months ago in Intellectual Property
I think, I was unable to frame the question properly. By Loan License, I meant FDA – Loan License required to use Cosmetic Manufacturers premises. This is usually applied by the manufacturer on our behalf once the relevant documents are shared with them (FDA – Form 32 A).
To apply for this license, we need to give them details of our Brand Name, product details etc. Hence, the application to trademark. Our Trademark was objected/refused for the below reason.
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 :
1. The objection is raised under S 9(1) (a) of the Trade Marks Act 1999, The trade marks-which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person. The objection is raised under S 9(1) (b) of the Trade Marks Act 1999, as the mark consists exclusively of words or indications which may serve in trade to designate the quantity of the goods or rendering of the service or other characteristics of the goods or service;
Hence, the above application is liable to be refused. Accordingly, you are
requested to submit your response/submissions, if any, along-with supporting documents, within One Month from the date of receipt of this Examination Report or you may apply for a hearing.
We did reply to the examination report (Application No: 4673858)
and I believe the officer was not convinced and the application was moved to hearing.
Now, without clarity or delayed hearing, we are not sure if we should use the trademark application number for the FDA – Loan License Name. As FDA being a completely different body will most likely grant us the license but there may be a refusal from trademark department.
Please advice direction.
Asked 5 months ago