What is the trademark objection reply for section 9(1)a

810 votes

Section 9 states that:

“Absolute grounds for refusal of registration: (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,

Section 9 objections are made when the Registrar/Examiner considers the trademark to be descriptive of goods/generic/laudatory/indicating quality or nature of goods.

Section 9(1)(a) prohibits registration of marks, which are devoid of any distinctive character. A word or words to be really distinctive of a person’s goods must be generally incapable of application to the goods of anyone else.

Section 9(1)(b) prohibits registration of trademarks, which consist exclusively of marks or indications, which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or rendering the service or other characteristics of the goods or service.

section 9(1)(c) excludes marks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of trade from being registered under the Act.

Advocate Shubham Jain LawRato

687 votes

Dear Reader,

Section 9 (1) of trade marks Act,1999 —
(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 a result of the use made of it or is a well-known trade mark.

you need to file a reply to avoid rejection of your trademark application.

Advocate Divesh Sharma LawRato