Discuss briefly the grounds for 'opposition to registration' and 'refusal to registration' of a trademark.

A Trademark can be opposed on the following grounds: Absolute grounds of refusal as provided under Section 9 of the Trade Marks Act, i.e. the Trademark not being distinctive or not being capable of distinguishing the goods/services of the Applicant from those of others. Relative grounds of refusal as provided under Section 11 of the Trade Marks Act, i.e. the Trademark being phonetically, visually, conceptually, confusingly and deceptively similar/identical to the Opponent's Trademark. Other relevant grounds depending on the facts of the matter i.e. the applicants' trademark being well-known. According to section 9(1), following trademarks cannot be registered: Trademarks which are not capable of distinguishing the goods or services of one person from that of another person. Trademark which consist only of such marks or of such indications which may function in trade to specify the kind, quality, geographical origin, or time of production of goods or services or other characteristics of goods or services. Trademark which consists only of such marks or indication which have become customary in the current language or in bona fide and established practice of trade. According to section 9(2) following trademarks shall not be registered: If such trademark is likely to deceive the public or can even cause confusion. If such trademark is hurting the religious sentiment of any class or section of Indian citizens. If such trademark contains any kind of scandalous or obscene matters. If the use of such trademark is prohibited under the Emblem & Names (Prevention of Improper use) Act, 1950. Section 11 also states that a trade mark shall not be registered if, because of— (a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or (b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark. Further, a trade mark which— (a) is identical with or similar to an earlier trade mark; and (b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.