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Which one of the following is not the absolute grounds for refusal of registration of trademark u/s 9 of the Trademarks Act, 1999 ?

  • A.The trademarks which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services
  • B.The trademarks which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values etc or other characteristics of goods or services
  • C.The trademarks which consist exclusively of marks or indications which have become customary in the current language or in the bonafied and established practices of the trade
  • D.The trademark which is already registered under the Copyright Act, 1957, or related with or may have conflict with the patented product under the Patents Act, 1970 or in conflict with Design Act, 1999

Answer: D

The one that is not an absolute ground is conflict with rights under the Copyright, Patents or Designs Acts.

Section 9 of the Trade Marks Act, 1999 sets out absolute grounds for refusal, which turn on the mark itself: marks devoid of distinctive character; marks consisting exclusively of indications designating kind, quality, quantity, intended purpose, value or other characteristics; marks that have become customary in current language or established trade practices; and marks that deceive, hurt religious feelings or are obscene.

Options A, B and C are these. Conflict with earlier rights of others, such as a copyright, is a relative ground under Section 11, where an earlier right can be enforced against the mark, so it is not an absolute ground.

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