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What are the grounds for objections or refusal to register a trademark in India?

A trademark can be refused for registration in India under the relative and absolute grounds as laid out under Section 9 and 11 of the Trade Marks Act, 1999:

Section 11 – Relative Grounds of Refusal for Registering a Trademark India:

A trademark is refused registration under this category if the trademark is:

  • Similar or identical to an earlier trademark for the same or similar goods/ services.
  • Similar or identical to an earlier trademark in respect of different goods/ services.

┬áSection 9 – Absolute Grounds of Refusal for Registering a Trademark India:

  1. A trademark is refused registration under this category if the trademark is: Devoid of any distinctive character. 
  2. Consists exclusively of the marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origins or the time of productions of the foods or rendering of the service or other characteristics of the goods or services.

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