Page:Trade Marks Act (India), 1999.djvu/7

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Sec. I]

Publication of alphabetical index. 8. (1) The Registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7.

(2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall be determined by the Registrar in accordance with sub-section (2) of section 7.

Absolute grounds for refusal of registration. 9. (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,

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.

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

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter.

(d) its use is prohibited under the Emblems and Names (Prevention of Improper 12 of 1950. Use) Act, 1950. 12 of 1950.

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

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which Is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods.

Explanation—For the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.

Limitations to colour.10. (1) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide to distinctive character of the trade mark.

(2) So far as a trade mark is registered without limitation of colours, It shall be deemed to be registered for all colours.

Relative grounds for refusal of registration.11. (1) Save as provided in section 12, a trade mark shall not be registered if, because of—

(a) its identity with an earlier trademark and similarity of goods or services covered by the trade mark; or

(b) its similarity to an earlier trade mark and the Identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which Includes the likelihood of association with the earlier trade mark.

(2) A trade mark which—

(a) is identical with or similar to an earlier trade mark; and

(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor,