What are the different grounds for refusal of registration of a trademark under the trademarks Act?

In India, the Trademark Act, 1999 outlines two primary grounds for refusing trademark registration: Absolute Grounds and Relative Grounds.

1. Absolute Grounds for Refusal (Section 9)
A trademark may be refused if it is:

– Descriptive: It merely describes the goods or services.
– Generic: It lacks distinctiveness and is commonly used for a type of product or service.
– Deceptive: It misleads consumers about the origin, nature, or quality of the goods/services.
– Contrary to Public Policy: Marks that are offensive or immoral.
– Non-distinctive: If it doesn’t help distinguish the goods or services from others.

2. Relative Grounds for Refusal (Section 11)
A trademark may be rejected if:

– Similarity to Existing Marks: It conflicts with a registered trademark or a pending application that is similar in appearance, sound, or meaning.
– Likelihood of Confusion: If the mark could confuse consumers about the source of goods/services.