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ARTICLE · 15 JANUARY 2021

Marks Not Registrable As Trademarks In India

S.S. Rana & Co.
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The Indian Trademark Law specifically prohibits registration of certain trademarks in India. Such trademarks which are not registerable in India are those which lack distinctiveness...

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The Indian Trademark Law specifically prohibits registration of certain trademarks in India. Such trademarks which are not registerable in India are those which lack distinctiveness, and which are likely to cause deception or confusion in the mind of the public/ consumer.

Besides the above, other marks which are specifically listed as non- registrable in India are as follow:

  • Trade marks that are likely to hurt religious sentiments of any community;
  • Trade marks that comprises any scandalous or obscene matter;
  • Trade marks the use of which is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950, e.g. the Red Cross, the National Emblem, Republic etc.

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