What cannot be Registered as Trademark? Section 9 & 11 Of Trademark Act 1999

8. Well-Known Brands

Even if a famous brand is in a different industry, you cannot copy its name (e.g., you can’t use “McDonald’s” for a clothing brand).

9. Similar-Looking or Sounding Trademarks

Words that look or sound very close to an existing brand (e.g., “Pepsi” vs. “Pipsi”).

10. Common Names or Surnames

Using a very common name (e.g., “Sharma Electronics”) might not be allowed unless it is well-known.

11. Common Product Shapes

If a product’s shape is normal or necessary (like a round ball for a football), it can’t be trademarked.
The shape must be unique to be registered.

What does the law say under Sections 9 and 11 of the Trademarks Act, 1999, for refusal in India?

Section 9 : Absolute Grounds for Refusal

This section lists reasons why a trademark cannot be registered based on its own nature, regardless of other trademarks:

• Not Unique : If a trademark is too common and doesn’t help people recognize a specific brand, it won’t be registered.
• Descriptive Words : If a trademark simply describes the product (like “Sweet” for candy), it won’t be accepted.
• Commonly Used Words : If the word or symbol is commonly used in the industry, it can’t be registered as a trademark.
• Misleading : A trademark that gives a false idea about a product (e.g., “Organic” for a product that isn’t organic) will be rejected.
• Hurts Religious Sentiments : If a trademark offends the religious beliefs of any group, it won’t be allowed.
• Offensive or Immoral : Trademarks with bad words or inappropriate images won’t be registered.
• Government Symbols : If a trademark includes national emblems, flags, or names that are legally protected, it can’t be used.

Section 11 : Relative Grounds for Refusal

This section deals with conflicts with existing trademarks and possible confusion among customers:

• Too Similar to an Existing Trademark : If your trademark looks or sounds too much like another registered one, it won’t be accepted.
• Copying a Well-Known Brand : If your trademark is similar to a famous brand, even if it’s for different products, it may be rejected.
• Confusing Customers : If your trademark could make people think it’s related to another brand, it won’t be approved.
• Unfair Business Practices : If the trademark could be used to trick customers or damage another brand’s reputation, it won’t be registered.

The Difference

• Section 9 focuses on whether the trademark itself is suitable for registration.
• Section 11 looks at whether it might create confusion with existing trademarks.

Conclusion

Certain marks, such as generic terms, commonly used words, misleading marks, or those that go against public morality, cannot be registered. Descriptive phrases that only explain the product’s type or quality are also ineligible.

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