trademark
Decoding Section 9: Absolute Grounds for Trademark Refusal
Section 9 of the Trade Marks Act 1999 establishes the absolute grounds for refusing trademark registration in India. It targets marks that lack distinctiveness, consist of descriptive terms, or have become customary in trade. Understanding the nuances between Section 9(1)(a), (b), and (c) is essential for practitioners seeking to overcome examination objections. Furthermore, the proviso to Section 9(1) offers a crucial pathway for registration through acquired distinctiveness. This article details the evidentiary standards required to prove secondary meaning and successfully navigate the Registrar’s objections to descriptive or generic trademarks.