No: TMR/AHMEDABAD/EXM/2025/

From : The Registrar of Trade Marks, AHMEDABAD                                     Date: 28/12/2021 13:09:42
To,
H. K. ACHARYA & COMPANY.
HK Avenue, 19. Swastik Society, Navrangpura, Ahmedabad 380009, Gujarat, INDIA

Application No:  5215416   in Class/Classes : 32
In the name of M/s: RESEARCH AND PRODUCTION COMPANY "MELT WATER", UAB

Gentlemen/Madam,

     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) (b) of the Trade Marks Act 1999, as the mark consists exclusively of words or indications which may serve in trade to designate the intended purpose of the goods. The objection is raised under S 9(3) (a) of the Trade Marks Act, 1999 as the mark consists exclusively of the shape of goods which results from the nature of the goods themselves.

2.        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 trade marks 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 and because of such identity or similarity there exists a likelihood of confusion on the part of the public.


         Hence, the above application is liable to be refused. Accordingly, you are

requested to submit your response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of this Examination Report or you may apply for a hearing.

         Please Note that if no reply is received or a request for a hearing is applied for within the above mentioned stipulated time ,the said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and there after the status of application in the computer database shall reflect the factual position

         Note:The reply should be submitted online through Comprehensive eFiling services or through email at parm.tmr@nic.in. With the subject as REPLY TO EXAMINATION REPORT.

Yours faithfully,    
SHRUTI MORE
For Registrar of Trade Marks



Search Report




GOVERNMENT OF INDIA
TRADE MARKS REGISTRY

LOCATION:
SECTION: EXM
REPORT: EXM007
WORD MARK SEARCH REPORT
APPLICATION NUMBER: 5215416
Class : ---
TRADEMARK: 'Shape of Goods of Bottle'
USER : MOR
PAGE:1
DATE: 02/12/2021

APPL NOCLASSCONFLICTING MARKJOURNAL NoPROPRIETOR NAMEPROPRIETOR ADDRESSSTATUSTM IMAGE
GOODS SERVICES
210384732DEVICE OF BOTTLE1822THE COCA-COLA COMPANYONE COCA-COLA PLAZA, ATLANTA, GEORGIA 30313, U.S.A.RegisteredNo Image
APPLICATION DATE 22/02/2011
GOODS/SERVICE BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES.

232746932DEVICE OF BOTTLE1751THE COCA-COLA COMPANYOne Coca-Cola Plaza, Atlanta, Georgia 30313,United States of America .RegisteredNo Image
APPLICATION DATE 07/05/2012
GOODS/SERVICE BEERS; MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC DRINKS; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES

399430232Device of Bottle1918GEORGES MONIN SAS5 rue de Lesseps, 18000 Bourges, FranceRegisteredNo Image
APPLICATION DATE 09/11/2018 10:27:00
GOODS/SERVICE Syrups and preparations for making beverages.

SHRUTI MORE
For REGISTRAR OF TRADE MARKS