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Trade Marks Act, 2004 (ACT 664)

A trade mark shall not be registered if, (a) it is a trade name or sign that belongs to the public domain except where the trade name or sign has become accepted as a trademark for the goods or services for which they are claimed; (b) it is incapable of (i) distinguishing the goods or services of one enterprise from the goods or services of another enterprise or devoid of a distinctive character, (ii) designating the characteristics of the goods or services or shapes that constitute the nature of the goods or shapes of the goods or of their packaging that are technically necessary; (c) it is contrary to public order or morality; (d) it is likely to mislead the public or trade circles with particular reference to the geographical origin of the goods or services, their nature or characteristics such as the kind, quality, intended purpose, the time of production of the goods or rendering of the service; (e) it is identical to or is an imitation of or contains as an element, an armorial bearing, flag, emblem, name, abbreviation or initials of the name, official sign or hallmark adopted by a State, intergovernmental organisation or organisation created by an international convention unless authorised by the competent authority of that State or organisation; (f) it is identical to or confusingly similar to or constitutes a translation of a trade mark or trade name which is well known in the country for identical or similar goods or services of another enterprise or the trade mark is well known and registered in the country for goods or services which are not identical or similar to those under application but the use of the trade mark will indicate a connection between those goods or services and the owner of the well known trade mark and the interests of the owner of the well known trade mark are likely to be damaged by the use of the trade mark; or (g) the trade mark is identical to a trade mark of another owner already on the register or identical to a trade mark the subject of an application with an earlier filing or priority date for the same goods or services or closely related goods or services or if it resembles that trade mark so closely that it is likely to deceive or cause confusion."

Subject : Registration Of Trademarks  

Procedure to Follow


Not Avaiable

Responsible Institution
Relevant Forms to Download

Not Available

Online System

Link Unavailable

Fees/ charges

Not Avaiable