To,

The Registrar of Trademarks

Trademarks Registry,

Intellectual Property Right Building,

GST Road, Guindy,

Chennai-600032

Dear Sir,

Subject

Response to First Examination Report in respect of Application number: 3119594 in class 44

for Trade Mark and name and logo __Logo______ in name of PARAMSHETTYS KDC
HOSPITAL PVT LTD.

As regards to the objection, the Learned Examiner has cited section 9(1)(a) and 11(1) stating
grounds of refusal based on mark being non-distinguishing and similar to other trademarks
applied.

1. As regards to first report the Learned Registrar has sited section 9(1)(a) as relative ground
for refusal . The applicant has been using the name and logo since 26/01/2005 in respect of
dental clinic and implant services and wishes the same to be trademarked under class 44 .
Smile is no doubt is of common usage in matters of dental treatment. But addition of card
gives it distinctiveness and distinguishable identity. While smile is generally used for dental
services but in this case it doesnt it doesnt represent dental services but an offer.
Treatments can any how be provided but they are not represented under SMILECARD.
SMILECARD represents companys study into commonly availed treatments and rolling out a
combination of such services. In many cases it has been noted that adding of a specific or
arbitrary word to a generic word can be registered as trademark. eg: Chings Noodles, Tata
Salt, Photoshop etc. In this case usage of word card is arbitrary in field of medical and dental
treatment and hence capable of giving a distinctive identity to the trademark.

2. The Learned Registrar has sited section 11(1) as a ground for refusal. The applicant pleads
that the word smile (conflicting part) as the learned registrar stated is of common usage in
dental field and is generic enough to be trademarked in itself. smilecare and SMILECARD
are visually and phonetically different enough . Also the likelihood of confusion can be
further negated as area of usage is different i.e. smilecare appears on the banner of the
clinic whereas SMILECARD appears on a scheme card .So in a way smilecare represents a
service provider and SMILECARD represents a bundle of services.

In respect of above submission, the Applicant humbly requests the withdrawal of objection
based on grounds of refusal and requests that the application no.: 3119594 in class 44 for
Trademark name and logo ___logo______may proceed towards registration and be accepted
for advertisement.

The Applicant further requests that no decision adverse to the Applicant in this regard be
taken without providing hearing to the Applicant or their authorized representatives.

Yours Truly