Restrictions on Trademark Registration

Under the Trade Marks Act, 1999, a trademark cannot be registered if it falls under these two categories:

1. Absolute Grounds (Section 9)

• Non-Distinctive: Common words or generic terms (e.g., "Apple" for actual apples).

• Descriptive: Words describing quality, quantity, or origin (e.g., "Sweet" for sugar).

• Deceptive: Marks likely to mislead the public about the product.

• Offensive: Marks that are obscene or hurt religious sentiments.

• Prohibited: Marks using national emblems or protected symbols.

2. Relative Grounds (Section 11)

• Similar to Existing Marks: If it is identical or "deceptively similar" to a mark already on the register for similar goods.

• Well-Known Marks: If it conflicts with the reputation of a famous brand, even if the goods are different.