Section 9 of TMA : Section 9: Absolute Grounds For Refusal Of Registration

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 Apples" for a long period and customers have come to recognize "Juicy" as a brand associated exclusively with his farm's apples, then under the proviso to Section 9(1), he may be able to register the trademark on the grounds that it has acquired a distinctive character through use.

Additionally, if the farmer's proposed logo for "Juicy" included an image that resembles an apple, under Section 9(3)(a), it could be refused registration since the shape is a result of the nature of the goods (apples) themselves.

If the farmer's branding included religious symbols, his application could be refused under Section 9(2)(b) if it's likely to hurt the religious susceptibilities of any community in India.