fj) The|Kegites sy rm serene () Perit goods and services referred to in section 7. fei UAT EX OF ds or services are not specified i (2)Where any B00 2 specified in the alphabetical i spdssiicespublished undersub-section (1) REI iicn ot pods pene prods Bed etermined by the Registrar in accordance with sub-section (2) of ny shall ‘Absolute grounds: for refusal of registration @) he (a) which are devoid of any distinctive character that is to sa sic “ character, ty, not capabl Sa ; ig the goods or services of one person from those of oe mn; which consist exclusively of marks or indications which may i 4. Ns. = fo designate the kind, quality, quantity, intended ey eed geographical origin or the time of production ofthe goods or rendering of the service or other characteristics of the goods or service; (6) which consist exclusively of marks or indications which have become F ‘customary in the current language or in the bona fide and established __ practices of the trade, ee thata trade mark shall not be refused registration if before the date of tion it has acquired a distinctive character as a result of the use |-known trade mark. ot be registered as a trade mark if— nature as to deceive the public or cause confusion; or comprises of any matter likely to hurt the religious es of any class or section of the citizens of India; yntains scandalous or obscene matter; under the Emblems and Names (Prevention of ‘asa trade mark if it consists exclusively of— ts from the nature of the goods themselves; ‘gs necessary to obtain a technical result or ial value to the goods. section, the nature of 8 ‘or proposed to be used shall not ods or services in bea ground combination of colours deration by the '[Registrar or the Hig! pee ive character of the trade ), dt. 13-8-2021, wef 44-20218 INTELLECTUAL PROPERTY LAWS sto a trade mark is registered without limitation of colour, it shay, se all colours. (2) So far as deemed to be registered for . 11. Relative grounds for refusal of registration ” (1) Save as provided in section 12, a trade mar kc shall not be registered if, beca, in of— (a) its identity with an earlier trade mark and similarity of goods or seryj 4 covered by the trade mark oF (b) its similarity to an earlier trade mark and the identity or similarity of j goods or services covered by the trade mark, the part of the public, which includes the there exists @ likelihood of confusion on de mark. likelihood of ‘association with the earlier tra (QA trade mark which— (a) is identical with or similar to an ear! (b) is tobe registered for goods o° services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, to the extent the earlier trade mark is a well-known tate chall not be registered if or k in India and the use of the later mark without due course would take unfair ivantage of or be detrimental to the distinctive character or repute of the earlier trade mark. (@) A trade mark shall not be registered if, or to the extent that, its use in Indiais liable to be prevented — (@) by virtue of any law in particular the law of passing off protecting a unregistered trade mark used in the course of trade; or (6) by virtue of law of copyright. (@) Nothing in this section shall prevent the registration of a trade mark where the BP of the earlier trade ‘mark or other earlier right consents to the registration, ee case the Registrar may register the mark under special circumstances under Explanation : For the purposes of this section, earlier trade mark means— 4 i lo) gaptesininn on a Sa section 18 bearing aneatlie eae es or aa doemational registration referred to in section 36E Eee ES for to in section 154 which has a date ae Oaseiee at of the trade mark in question, taking account ie propriate, of the priorities claimed in respect of the trade marksi] ) a trade mark which, on the date of the application for registration of the trade mark i i ark in question, or where appropriate, of the priority claimed respect of the icati ey peg application, was entitled to protection as a well-known trade Jier trade mark; and 1 Substituted by Act 40 of 2010, dt. 21-9-201 7- te ), dt. 21 ; 5 i ea S20) Wiest 87-2018 vide $0 207208), at 5-7-2013, Prior © “(a) a registered tre “apt ae mat svn apa fred on etn 154 which m2 reaencnt wiiere appropriate" Ss‘THE TRADE MARKS ACT, 1999 __________~ 9 gECTION11 ‘A trade mark shall not be refused registration on the grounds specified in nd (3), unless objection on any one or more of those grounds is raised tion proceedings by the proprietor of the earlier trade mark. strar shall, while determining whether a trade mark is a well-known into account any fact which he considers relevant for determining a mn trade mark including — cognition of that tra knowledge in India obtained as a in opposi! : (6) The Regi trade mark, take trade mark as a well-know! (i the knowledge or re the public including of the trade mark; (ii) the duration, extent and geograP! the duration, extent and geographic: mark, including advertising or pul exhibition of the goods or services to WI | (iv) theduration and geographical area of any registrati | for registration of that trade mark under this Act to I the use or recognition of the trade mark; F (v) the record ‘of successful enforcement of the rights in that trade mark, in particular, the extent to ‘which the trade mark has been recognised as a egistrar under that record. erell-known trade mark by any court or Ri (7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account— (the number of actual or potential consumers of the goods or services; i) the number of persons involved in the channels of distribution of the goods _ orservices; Ga) ‘the business circles de ich that trade mark applies. Where a trade mark has been determined to be well-known in of least one of the public in India by any court or Registrar, the Registrar shall for registration under this Act. , mark as a well-known trade mark for determining whether a trade lem namely— de mark in the relevant section of result of promotion hhical area of any use of that trade mark; ‘al area of any promotion of the trade blicity and presentation, at fairs or hhich the trade mark applies; ion of or any publication the extent they reflect (iii ling with the goods or services, istrar shall not require as a condition, wn trade mark, any of the following, ade mark has been used in India; le mark has been registered; ication for registration of the tra de mark has been filed in India; in; or an application been filed in, for registration has large in India. of a trade mal own to the public atl tion for registration rk and xr similar tradeECTUAL PROPERTY LAWS: SECTION, 10 ; involved either of the applic k esto consideration the bad faith involve pPlicant or, Cone orang the rightrelating to the trade mark. Been rea hhas been registered in good faith disclosing the mater, (11) Where a trade mark has i informations to the Registrar or where right toa trade mark has been acquired throu, informations to s ; is Act, then, nothing.in this A R ; stra mmencement of this Act, then, 6 cts uuse in goods faith before the com sat tracle mark or right to use that trade may, ing iidity ofthe registral H Rn eicee AeaT Seieg identical with oF similar to a well known ta on the groun a mark, 12. Registration in the case of honest concurrent use, i / i rent use or of other special circumstances which in th __In the case af honest cone roperso to do, he may permit the registration by mor. opinion ofthe Registrar, makel"P’ Wr hich are identical or similar (whether any such ae ean ee vatered or not) in respect of the same or similar g00ds or ere Neauchepnditions and limitations, ifany, as the Registrar may thinks to impose. 13. Prohibition of registration of nai non-proprietary names No word— i {@) which is the commonly used and accepted name of any single chemical Glementorany single chemical compound (as distinguished froma mixture) in respect of a chemical substance or preparation, or (©) which is declared by the World Health Organisation and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name, bbe registered as a trade mark and any such registration shall be deemed for the se of section 57 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require. 14. Use of names and representations of living persons or persons recently dead Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark, pies ey before he proceeds with the application, require the applicant © ie a xe ge ee in writing of such living person or, as the case may be, of ae ey a ae of eae Eger the connection appearing on the ae registrar Width eee a meme ee ical 15, Rede of parts of trade marks and of trade marks as a series tl a . i s cae ae seh a Proprietor of a trade mark claims to be entitled to the exclusive Y= trade p ane eteotseparately, hemay apply to register the whole and the part as sepa" mes of chemical elements or international (2) Each such separat tre 4 ves - wets nada nde ne OS ere a = : ofthe same orsimilar, Sees tobe the proprietor of several trade marks in resPe™ which, while resembling each or ee se cesetiPtion of goods or description ofSer"< respect of — other in the material particulars thereof, yet differ "