Section 9 of the Indian Trade Marks Act, 1999, provides for the opposition to the registration of a trademark. This section allows any person to raise objections to the registration of a trademark if they believe that it is likely to cause confusion or deception among consumers or if it violates any of the provisions of the Act. In this article, we will discuss the reasons why objections are raised under Section 9 of the Indian Trade Marks Act, 1999.
- Similarity with existing trademarks: One of the primary reasons why objections are raised under Section 9 is the similarity of the proposed trademark with existing trademarks. If the proposed trademark is too similar to an existing trademark, it can lead to confusion among consumers, and they may mistake the goods or services of one company for those of another. In such cases, the existing trademark owner can raise objections to the registration of the new trademark.
- Descriptiveness: The proposed trademark should not be descriptive of the goods or services for which it is being registered. If the trademark is merely a description of the goods or services, it may not be considered distinctive enough to warrant registration. In such cases, objections can be raised to the registration of the trademark.
- Offensive or immoral trademarks: The proposed trademark should not be offensive or immoral. Trademarks that are derogatory or obscene in nature can be refused registration, and objections can be raised against them. In such cases, the Registrar may consider the impact of the proposed trademark on public morals and decency before deciding on its registration.
- Generic trademarks: Generic trademarks are those that are commonly used to describe a particular product or service. These trademarks cannot be registered as they do not distinguish the goods or services of one company from those of another. In such cases, objections can be raised to the registration of the trademark.
- Confusingly similar trademarks: The proposed trademark should not be confusingly similar to existing trademarks. Even if the proposed trademark is not identical to an existing trademark, it can still be refused registration if it is likely to cause confusion among consumers. In such cases, objections can be raised to the registration of the trademark.
- Deceptive trademarks: The proposed trademark should not be deceptive or misleading. If the trademark is likely to mislead consumers as to the nature, quality, or origin of the goods or services, it may not be considered distinctive enough to warrant registration. In such cases, objections can be raised to the registration of the trademark.
- Prior use of trademark: If a trademark has been used by a person or entity prior to the filing of the trademark application, they may raise objections to the registration of the trademark. In such cases, the prior user may claim that they have acquired certain rights to the trademark through prior use, and the registration of the trademark would violate their rights.
Conclusion:
Section 9 of the Indian Trade Marks Act, 1999, provides for the opposition to the registration of a trademark. Objections can be raised on various grounds, such as similarity with existing trademarks, descriptiveness, offensive or immoral trademarks, generic trademarks, confusingly similar trademarks, deceptive trademarks, and prior use of trademark. It is important to note that the Registrar may consider the impact of the proposed trademark on public morals and decency before deciding on its registration. Companies should conduct thorough research and due diligence before filing a trademark application to avoid objections and legal complications. In case objections are raised, companies should work with legal experts to resolve the matter amicably.
