Section 9 Trademarks: Absolute Grounds for Refusal Explained
Section 9 of the Trade Marks Act 1999 mandates that a mark must possess inherent distinctiveness to be registrable. Objections under Section 9(1)(a) for non-distinctiveness, Section 9(1)(b) for descriptiveness, and Section 9(1)(c) for customary trade usage pose significant hurdles that cannot be ignored. However, the proviso to Section 9(1) offers a critical path to registration if applicants can prove acquired distinctiveness through extensive evidence of use prior to the filing date. Distinguishing between absolute and relative grounds is essential for crafting a successful response to examination reports.