The absolute grounds for refusal of a Trademark under Section 9 of the Trademarks Act are as follows:
Absolute Grounds for refusal of trademark registration in India are inherent flaws in the proposed mark itself. These grounds include marks that are generic, commonly used in established trade practices, deceptive, obscene or offensive, prohibited under the Names & Emblems Act, or resulting solely from the obvious shape of the goods it represents.
Distinctiveness of a Trademark is crucial for its registration under the Trademark Act. Marks that lack distinctive characteristics and are too generic in the public eye may get refused for registration. Moreover, a distinctive trademark helps differentiate the goods or services of one business from those of others in the market, making it easier for consumers to identify and associate a mark with its source of origin.
No, trademarks containing vulgar, offensive, or immoral language, imagery, or ideas that are likely to be considered obscene or offensive by the general public are not eligible for registration. Such marks will be rejected under the absolute grounds for refusal of Trademark Registration.
Relative Grounds for refusal of registration of trademark refers to reasons for refusing a proposed trademark due to its conflict with an existing trademark. These grounds include marks that are confusingly similar to an existing registered or applied trademark, marks that are identical or similar to existing marks for identical or similar goods / services, and marks that are similar to well-known trademarks.
Yes, a proposed trademark can be refused registration if it resembles an existing trademark, even if it is for different classes of goods or services, provided the existing mark is well-known and is associated with a popular brand. The refusal will be affected under the relative grounds for refusal of registration of trademark which protects well-known marks beyond the limited scope of goods and services they are being used for.
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