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What type of trademark cannot be registered or protected in India?

As per section 9 (2) and 9 (3) of the Trade Marks Act, 1999 in India:

(2) A mark shall not be registered as a trade mark if —-

  • it is of such nature as to deceive the public or cause confusion:
  • it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
  • it comprises or contains scandalous or obscene matter;
  • its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

(3) A mark shall not be registered as a trade mark if it consists exclusively of

  • the shape of goods which results from the nature of the goods themselves; or
  • the shape of goods which is necessary to obtain a technical result; or
  • the shape which gives substantial value to the goods

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