Trade Mark Registration Laws in India: Grounds for Refusal

The Trade and Merchandise Marks Act, 1958 governs trade mark registration laws in India. However, a trade mark can be refused on certain grounds as mentioned under section 9 of the Trade Marks Act, 1999.

Trade Mark Registration Laws in India: On What Grounds Can a Trade Mark be Refused Registration?

Trade mark registration can be refused on the grounds mentioned below:

• Any trade mark that does not entail any distinctive character due to which it becomes difficult to distinguish the goods and services that it relates to from those offered by another provider.
• If a trade mark comprises exclusively marks and indications that are regularly used in the current language or in the established practices of trade.
• If a trade mark causes confusion among the public or is of deceiving nature.
• If a trade mark contains any matter which may hurt religious sentimentalities of any section of society.
• If a trade mark contains anything that is scandalous or obscene.
• If it contains anything that is prohibited under the Emblem and Names Act, 1950.
• If a trade mark consists exclusively of the shape of goods that represents the nature of those goods.
• If it only represents a shape of goods necessary to get a technical result.
• If a trade mark consists only the shape assigning considerable value to the goods.