'Trademark Mark legislation does not specify requisites for registration of trademark'. Elaborate this statement in the light of fundamentals for registration of trademark, and validity of trademark with appropriate case

The Trade Marks Act, 1999 does not expressly list any requisites for registration. Instead of detailing requisites for registration, grounds for refusal are listed in Section 9(1), (2) and (3) & Section 11 of Trade Marks Act, 1999, which conversely are requisites for registration. To get registration for any mark, the mark should not be hit by any of the two grounds for refusal or other specific prohibitions. It should be a Trade Mark within the meaning of the Trade Marks Act, 1999 as per Section 2(1)(zb). Distinctive Character - Capable of distinguishing goods of one person from those of others. The mark must be distinctive. The distinctive character may be inherent or acquired. The legal requirements to register a Trade Mark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used as a mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person having the right either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person. The fundamental principle governing Trademark Law is that Trademarks which are deceptively similar to Trademarks already registered or applied for in a given class must not be granted protection. Neither should such trademarks be allowed to be used in the course of Trade as such act would cause a confusion in the minds of the consumers as to the source and quality of the goods or services bearing such deceptive trademark. On the other hand, the reason Trademark registration is limited to Classes of Goods or Services is to prevent traders from obtaining any monopoly in the use of words as trademarks to the detriment of the members of the public, who, in the future and in connection with their goods might desire to use them. In 2018, the Supreme Court in Nandhini Delux v. Karnataka Co-Operative Milk Producers Federation Ltd discussed the law governing registration of Trademarks with emphasis on Section 9 (Absolute Grounds of Refusal) and Section 11 (Relative Grounds of Refusal). Duration of Trade Mark Trade mark protection in India is perpetual subject to renewal of the registration after every 10 years. The application for renewal can be filed six months before the expiry of the validity period of the trade mark. Section 25 of the Trade Mark Act, 1999 allows registration of a trade mark for a period of 10 years.