ES व्यापार चिह्न अधिनियम, 1999 के अन्तर्गत किन आधारों पर व्यापार चिह्न के पंजीकरण से इंकार किया जा सकता है?

Grounds for Refusal of Trademark Registration under the Trademarks Act, 1999

The Trade Marks Act, 1999 provides specific grounds on which a trademark application can be refused. These grounds are classified into absolute grounds (Section 9) and relative grounds (Section 11) for refusal of registration.

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1. Absolute Grounds for Refusal (Section 9)

These apply when the trademark itself is inherently unregistrable, regardless of any conflicting marks.

(a) Lack of Distinctiveness

• Trademarks that lack distinctiveness and fail to distinguish goods/services of one trader from another.
• Example: The word "Milk" for a dairy product cannot be registered as a trademark.

(b) Descriptive Trademarks

• Marks that directly describe the quality, nature, or characteristics of goods/services.
• Example: "Sweet" for chocolates or "Fresh" for vegetables cannot be registered.

(c) Generic Terms

• Words that have become common in trade and are used by everyone.
• Example: "Computer" for computer sales cannot be a trademark.

(d) Deceptive or Misleading Trademarks

• Marks that deceive the public about the nature, quality, or geographical origin of goods/services.
• Example: Using "Made in France" for a perfume actually produced in India.

(e) Offensive or Scandalous Marks

• Marks that contain immoral, obscene, or religiously offensive content.
• Example: A mark containing religious symbols or offensive words.

(f) Prohibited Emblems and Symbols

• Trademarks that contain national flags, government symbols, or emblems prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
• Example: The Indian National Emblem or United Nations logo cannot be registered.

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2. Relative Grounds for Refusal (Section 11)

These apply when a trademark conflicts with existing trademarks or rights.

(a) Similarity to an Existing Trademark

• If a proposed trademark is identical or confusingly similar to an already registered mark for similar goods/services.
• Example: Registering "Pepsié" for soft drinks when "Pepsi" already exists.

(b) Likelihood of Confusion

• If the new trademark is likely to cause confusion among consumers regarding the origin of the goods/services.
• Example: A brand called "McDowel’s" for fast food similar to "McDonald’s".

(c) Well-Known Trademarks (Famous Brands Protection)

• A mark that is similar to a well-known trademark (even in unrelated industries) may be refused.
• Example: Trying to register "Coca-Cola Electronics" for gadgets.

(d) Protection of Internationally Recognized Trademarks

• Marks that resemble internationally protected Geographical Indications (GI) cannot be registered.
• Example: "Champagne" for non-French sparkling wine.

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Other Grounds for Refusal

1. Bad Faith Applications

• If the applicant tries to register a trademark dishonestly to block others or take unfair advantage.

2. Prior Use by Another Party

• If another party has been using the mark earlier in business, they may oppose the registration.

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Conclusion

The Trademarks Act, 1999 ensures that only genuine, unique, and non-conflicting trademarks get protection. A trademark application may be refused if it is generic, deceptive, offensive, confusingly similar, or already registered. However, certain marks may be accepted with proof of acquired distinctiveness through extensive usage.