Section 9 of TMA : Section 9: Absolute Grounds For Refusal Of Registration
TMA
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Explanation using Example
Imagine a local farmer who produces apples and wants to register a trademark for his apple brand. He decides to name it "Juicy" and applies for trademark registration.
Under Section 9(1)(a) of The Trade Marks Act, 1999, his application might be rejected because the word "Juicy" is not capable of distinguishing his apples from those of another farmer; it's a common adjective that could apply to any juicy fruit.
However, if the farmer has been using the term "Juicy...
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