Absolute grounds for refusal of registration
Section 9 of the Trade Marks Act, 1999 deals with absolute grounds for refusal of registration. The trade marks-- (a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person; The Act came into force on 15 Sep 2003.
(1) The trade marks--
(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:
Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.
(2) A mark shall not be registered as a trade mark if--
(a) it is of such nature as to deceive the public or cause confusion;
(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
(c) it comprises or contains scandalous or obscene matter;
(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).
(3) A mark shall not be registered as a trade mark if it consists exclusively of--
(a) the shape of goods which results from the nature of the goods themselves; or
(b) the shape of goods which is necessary to obtain a technical result; or
(c) the shape which gives substantial value to the goods.
Explanation.--For the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.
Section 9, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 5
- s. 20 Advertisement of application
- s. 31 Registration to be prima facie evidence of validity
- s. 32 Protection of registration on ground of distinctiveness in certain cases
- s. 36E International registrations where India has been designated
- s. 69 Certain provisions of this Act not applicable to certification trade marks
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.
Court's Decision & Legal Precedent
Judgement of Main Case order-17.pdf 2018-07-26 labelled. CA 2937-2942/2018. A.K. Sikri J. REPORTABLE. DATE-CHECK false positive on 2014-12-02 (Karnataka HC judgment under appeal) and 2011-10-04 (IPAB order recited); the document is the named 26 Jul 2018 merits (same Ghisalal/Thwaha/Eera FP pattern). Isolate: Trade Marks Act s.9 absolute grounds — NANDHINI is a deity/cow name used by many and is not devoid of distinctive character given the appellant's use since 1989; a later user of a common word for different goods is not barred. s.11 relative grounds are discussed (same class, different goods, no monopoly over the whole class) but TM 11 is already filled — do not pad 11. Do not pad s.18 proprietorship (application vehicle).
On this section: Trade Marks Act s.9 absolute grounds do not bar registration of a common deity/cow name (NANDHINI) that has acquired distinctiveness through honest use for different goods from an earlier NANDINI dairy mark (Nandhini Deluxe).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… application of mind, the impugned order was passed resulting in refusal of the application filed on behalf of the petitioner for inclusion of the mark TikTok in the list of well known marks. It was submitted that the non-application of mind was further evident from the fact that the said respondent made reference to Section 9 of the Trade Marks Act, which had no concern with the application filed by the petitioner. Only Section 11 of the Trade Marks Act was relevant, which was not even referred to and therefore, the impugned order deserves to be set aside. 6. It was further submitted that elaborate material was placed before the said …
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… If granted, the registration would be effective from the date of application. The application was filed by asserting use from the year 1983. It appears that the opposition was primarily on the ground that the mark does not satisfy the requirement of Section 9 of the Trade Marks Act, 1999. A trade mark is either inherently distinctive or acquires distinctiveness. If inherently distinctive, it is liable to be registered irrespective of evidence of prior use. On the contrary, if the assertion is that it has acquired distinctiveness, the applicant is required to discharge …
Questions about Section 9
What have the courts held on Section 9 of the Trade Marks Act?
Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd. (26 Jul 2018) is the leading judgment on this section among those set out below: Trade Marks Act s.9 absolute grounds do not bar registration of a common deity/cow name (NANDHINI) that has acquired distinctiveness through honest use for different goods from an earlier NANDINI dairy mark (Nandhini Deluxe).
How do I find court cases under Section 9 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 9, section 9 Trade Marks Act, section 9 of the Trade Marks Act. People searching for it also type trademark act section 9 and 11 and section 9 trademark act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd. (26 Jul 2018).
What should I read with Section 9 of the Trade Marks Act, and has it changed?
5 other provisions in this corpus refer back to it.
When did Section 9 of the Trade Marks Act come into force?
Section 9 of the Trade Marks Act, cited as Trade Marks Act 9, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.