Absolute grounds (Section 9) for registration refusal

In the event that the applied for mark is determined to meet the requirements outlined in Section 9 in the Trademarks Act of 1999, the application process for a trademark award will be terminated. The reasons include

1. Marks that don't have any particular personality.
2. Indicators or trademarks that are used in business to specify the amount, caliber, character, type, values, intended use, or place of origin of the products or services provided.
3. Marks or indicators that are now accepted as customary in the language used or in the genuine, established procedures of the industry are not eligible for logo’s registration.
4. The mark's nature allows it to trick the public or create confusion.
5. The content it includes includes everything that could offend any class of Indian residents or group due to their religious sensitivity.
6. If the mark includes or contains offensive or scandalous content.
7. In the case that Emblems and names (preventive measures of Improper Usage) Act, 1950 (12 of 1950) prohibits the use of the mark.
8. Marks arising from the characteristics of the products.
9. Marks that provide the products a noticeable boost in value.
10. Marks whose form significantly raises the items' worth.

The legislative purpose behind these absolute reasons of refusal is to safeguard the legitimate interests of both the public and traders who are sincere and legitimate users of various marks in connection with their goods and services. These grounds are associated with the benefit of public policy.

However, if the mark has developed "distinctive character" over time and is now a "well known trademark," it won't be denied brand registration as long as the applicant can substantiate the claim.

Related Reasons (Section 11) for Refusal to Register

The Act of trademark of 1999, under section 11 stated that the relevant ways why a mark have been gone to refusal stage. A mark will not be permitted for registration of brand according to this section if it is determined to confuse the public due to its resemblance or identity to an earlier trademark. There are also other reasons that fall under the category of related grounds of refusal:

In India know about when and why the trademark get refused?

In India, a trademark application may be denied if the intended mark is subject to one of the two types of reasons for refusal: absolute grounds or relative grounds. All proposed marks falling under the purview of Trademark Act, 1999, Sections 9 and 11, which specify the Absolute and Relative reasons of denial, are not qualified for brand registration and are likely to be refused.

What does a trademark provisional refusal or rejection mean?

Provisional rejection or refusal is the phrase used to describe the temporary denial or rejection of a trademark application. When an international trademark registration filed in India raises questions or concerns, the Indian trademark authority notifies the applicant through this notification. It alludes to the first rejection or objection made by a certain country trademark office (referred to as the "Office of Origin"). The applicant must reply to and answer the national trademark office's objections after receiving a provisional denial.