State the absolute grounds for refusal of the registration of trade mark, under the Trade Marks Act, 1999.
CS Executive · Economic and Commercial Laws · PYQS · December 2020
State the absolute grounds for refusal of the registration of trade mark, under the Trade Marks Act, 1999.
Answer & Explanation:
Section 9(1) of the Trade Marks Act, 1999 containing provisions relating to absolute grounds for refusal for registration prohibit the registration of those trade marks which are devoid of any distinctive character or which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, etc., or which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade. However, a trademark shall not be refused registration, if the mark has in fact acquired a distinctive character as a result of use or is a well-known trade mark before the date of application. In short, a trade mark which has been demonstrated to be distinctive in the market place shall be regarded as distinctive in law as well and be registerable. Section 9(3) of the Act prohibits registration of a mark, if it consists exclusively of shape of goods which result from the nature of the goods themselves or which is necessary to obtain a technical result or which gives substantial value to the goods. It is, however, explained that the nature of goods or services in relation to which the Trade Mark is used or proposed to be used shall not be a ground for refusal of registration.
Topics: Trade Marks Act
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