Trade Marks Act, 1999

Section - 9 - Absolute grounds for refusal of registration

Absolute grounds for refusal of registration.

9. (1) The trade marks-

(a)	-	which are devoid of any 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,

shall not be registered :

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as aresult of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trade mark if-

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