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Is it possible to have a descriptive trademark registered in India?

As per the Trade Marks Act 1999 of India, a trademark which describes the goods and services for which is being used or intended to be used, the same cannot be registered unless it has obtained distinctiveness and popularity by way of extensive use and is now recognized by the consumers as a brand in respect of those goods and services.

The Absolute grounds for refusal of registration in India have been laid down under section 9 (1) of the Trade Marks Act as mentioned below :-

(1) The trademarks-

(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.

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