This document discusses various grounds for trademark refusal in India, including: 1) Trademarks that are not capable of distinguishing goods or consist only of marks that specify kind, quality, etc. 2) Trademarks that can deceive the public, cause confusion, hurt religious sentiments, or contain scandalous/obscene material. 3) Trademarks prohibited under the Emblem and Names Act. 4) Trademarks where the shape of goods results from the nature of the goods, is necessary to obtain a technical result, or adds substantial value. 5) Refusal due to conflict with prior trademarks and well-known marks. 6) Refusal for reproducing all elements of a trademark without modification.

1. DR. ROKSANA H. VARASHTI
AMITY LAW SCHOOL, NOIDA

2. a) Trademarks which are not capable of
distinguishing the goods
b) Trademark which consist only of such
marks or of such indications which may
function in trade to specify the kind, quality
and etc.

3. c) Trademark which
consists only of such
marks or indication which
have become customary
in the current language

4. a) To deceive the public or can even cause confusion.
b) To hurt the religious sentiment of any class or section
of Indian citizens.
c) To contain any kind of scandalous or obscene matters.
d) Its using is prohibited under the Emblem & Names
(Prevention of Improper use) Act, 1950

5. a) The shape of goods result
from the nature of the goods.
b) The shape of goods is
necessary to obtain a technical result.
c) The shape of goods adds
substantial value.

6. Relative grounds for
trademark refusal is by
reason of conflict with
prior trademarks and
well-known marks.

7. it reproduces all
elements of trademark
without any modification
or additions

8. “Deceptively similar” so
nearly resembling that other
mark as to be likely to
deceive or cause confusion”.

9. Removing Conflicting Goods or Services
Consent from Trademark Owner
Honest Concurrent Use of Trademark
Division of Trademark Application

10. THANK YOU