Section 9 Trade Marks Act 1999 lists ABSOLUTE GROUNDS for refusal of r…

Question

Section 9 Trade Marks Act 1999 lists ABSOLUTE GROUNDS for refusal of registration. A mark shall NOT be registered if:

Accepted Answer

A. it is devoid of any distinctive character (i.e. not capable of distinguishing the goods/services); OR consists exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin etc.; OR consists exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade

1. Section 9(1) Trade Marks Act 1999 enumerates three absolute grounds: (a) trade marks which are DEVOID OF DISTINCTIVE CHARACTER, that is to say, not capable of distinguishing the goods or services of one person from those of another person; (b) which consist EXCLUSIVELY of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service; (c) 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.
2. PROVISO: a trade mark shall not be refused registration if BEFORE the date of application for registration it has acquired DISTINCTIVE CHARACTER as a result of the use made of it or is a well-known trade mark.
3. Section 9(2) and (3) add further absolute grounds (deceives public; hurts religious susceptibilities; scandalous; shape resulting from goods themselves; etc.).
4. Hence option A is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 9(1)_

Answer

it identifies the goods or services of a particular person uniquely in the market (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1))

Answer

it has been used continuously for at least three years prior to the application date (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1))

Answer

it has been registered as a trade mark in any country other than India previously (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1)) (cf. Trade Marks Act 1999, Section 9(1))