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Trademark Refusal Grounds in India

Trademark Application in India can be refused under two grounds a) Absolute grounds b) Relative grounds. Section 9 of the Trademark Act, 1999 lists down the absolute grounds for refusal of trademark application and Section 11 provides relative grounds for refusal of trademark application in India.

The absolute grounds for refusal of trademark application in India inter alia includes that the trademark is devoid of any distinctive character, trademark consists of marks which designate the kind, quality,quantity values, geographical origins or time or production of the goods or services or the trademark is such that it causes confusion or deceives public etc.

The Relative grounds for refusal of trademark application in India inter alia includes that the trademark is similar or deceptively similar to an earlier trademark, similarity to an earlier trademark and the identity or similarity of the goods and services etc.

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