Not every catchy name or logo will get the legal green light. The Indian Trademarks Act, 1999 lays down clear rules for rejecting certain marks outright, rooted in two key grounds: absolute and relative. Understanding both helps avoid needless rejection—or worse, wasted effort.
Absolute Grounds (Section 9)
These are non-negotiable disqualifiers—if a mark hits any of these points, it’s off the table:
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Lacks Distinctiveness
If a mark can’t set your goods or services apart from others, it can’t be registered. It has to mean something unique to your business. -
Too Descriptive
Marks that only describe features like purpose, quality, quantity, or origin are too generic. Think “Creamy Sauce” for a cooking product—it’s simply not distinctive enough unless it’s become widely recognized as your brand through long-term use. -
Customary or Generic in Trade
Common terms used throughout an industry or everyday language can’t serve as exclusive trademarks. For example, you can’t trademark “Printer” for printers.
Additional Prohibitions
Beyond Section 9, the law also blocks marks that:
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Deceive or Mislead
Any mark likely to confuse or trick consumers is a no-go. -
Hurt Religious Sentiments
Marks that offend a community’s faith or beliefs are not permitted. -
Contain Obscene Content
Scandalous or sexually offensive language/images are strictly prohibited. -
Illegal under Other Laws
Marks that violate other statutes (like misuse of national symbols governed by the Emblems and Names (Prevention of Improper Use) Act, 1950) are rejected. -
Are Functional or Aesthetic Aspects of the Product
If the mark is a product’s shape that is necessary for its use or gives it value—like the form of a cricket ball—it’s not registrable. -
Names, Numbers, or Locations
Common surnames, plain numerals, or simple place names—unless they’ve become distinct through long use—are usually rejected. -
Sounds or Smells
Smells are especially tricky to protect since Indian law doesn’t yet recognize scent trademarks. Sounds are only allowed if they can be represented clearly in writing or notation.
Relative Grounds (Section 11)
Even if a mark sails past Section 9, Section 11 may still sink it if there’s:
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Similarity to an Earlier Trademark
If your mark is identical or deceptively close to an existing one, covering the same or related goods/services, the public may get confused—which is grounds for rejection.
Why It Matters
Understanding these rules saves you time, money, and headache. If your intended trademark falls into any of these prohibited categories, better to pivot early.
Choosing a mark that’s inherently distinctive—something unique, maybe even coined or creatively applied—gives you a much stronger legal footing and richer brand potential.
