...above on 02.05.2018 in Class 16 pertaining to printed publications, books, newspapers, periodicals and journals. By examination report dated 07.06.2018, the Registrar of Trade Marks raised an objection under Section 9(1)(a) of the Trade Marks Act, 1999...20.06.2019, the application was rejected on 27.08.2019 by drawing reference to Section 9(1)(a) of the Trade Marks Act. The grounds of decision were provided on 24.09.2019. In the grounds of decision...registered as a trade mark under Section 9(1)(a) of the Trade Marks Act. 4. The impugned order merely draws reference to Section 9(1)(a) of the Trade Marks Act as the...

...present appeal under Section 91 of the Trade Marks Act, 1999, rejects Application No. 4136359, filed by the appellant seeking registration of the device mark in Class 16 for "Painting Brushes, Artistic Brushes, Roller Brushes". 2. The paragraphs from the impugned order which set out the grounds for rejecting the appellant's application, read as under: "Following objections were raised: 1 Section 9 (1) (a):- The...for registration is objectionable under Section 9(1)(a) of the Trade Marks Act 1999, as it is devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of...distinctive and also any valid grounds and reasons based on which objection raised under section 9(1)(a) of the The Trade Marks Act,1999 is not maintainable to the present case. Also the applied...

...by the appellant is objectionable under Section 9(1)(a) of the Trade Marks Act, 1999, since it is devoid of any distinctive character. 2.Heard both sides. 3.The...be rejected by the respondent, through the impugned proceedings dated 01.05.2025 under Section 9(1)(a) of the Trade Marks Act, 1999, on the ground that the applied trade mark lacks distinctive...Office Building G.S.T. Road, Guindy Chennai 600 032, Tamil Nadu .. Respondent Appeal filed under Section 91 of the Trade Marks Act, 1999 and Rule 156 of the Trade Marks Rules, 2017, to...

.... By examination report dated 02.02.2017, an objection was raised under Section 9(1)(a) of the Trade Marks Act, 1999 (the Trade Marks Act), on the ground that the mark is devoid of any distinctive character. After a hearing on 24.10.2019, the application was rejected by drawing reference to Section 9(1)(b...examination report referred to Section 9(1)(a) of the Trade Marks Act, whereas the impugned order referred to Section 9(1)(b) thereof. He further submitted that several marks containing the element...descriptive of the goods in relation to which it is used. Consequently, he submits that it falls wholly within the ambit of Section 9(1)(b) of the Trade Marks Act. 5. The record discloses that the appellant previously obtained registrations in respect of a device...

...dated 13.06.2019, the Registrar of 2/8 Trade Marks raised objections under Section 9(1)(a) of the Trade Marks Act, 1999...order, which is not supported by reasons, is liable to be set aside. 3. In response to these contentions, Mr.N.Ramesh, learned SPC, submitted that a trade mark which designates geographical origin cannot be registered as per Section 9(1)(b) of the Trade Marks Act. On...order is unsustainable. 6. Section 9(1)(b) of the Trade Marks Act prohibits the registration of a mark which exclusively designates, inter alia, geographical...

... examination report, learned counsel pointed out that no conflicting marks were noticed. As regards the objection under Section 9(1)(b) of the Trade Marks Act, learned counsel submitted that the appellant's trade mark does not exclusively designate the kind, quality or intended purpose of the goods or services. She also submitted that it is a device.... In response to these contentions, Mr.G.Ilangovan, learned CGSC, submits that the application was rejected with reference to Section 9(1)(b) of the Trade Marks Act. Since the said provision does not permit registration of trade marks which designate the kind, quality or intended purpose of the goods or services, he submits that the impugned order does not call for interference. 4/7 5. The application was submitted in relation to a device...print media are also on the record. The examination report discloses that the only objection was with reference to Section 9(1)(b) of the Trade Marks Act. 6. Section 9(1)(b) of the Trade Marks Act prohibits the registration of a mark...

...of Trade Marks raised an objection under Section 9(1)(a) of the Trade Marks Act, 1999 (the Trade Marks Act) on the ground that the mark is non-distinctive. By reply dated 07.09.2018, the appellant...invoices contain the appellant's device mark. The appellant has also placed on record its annual report for the financial year 2017 - 2018. 6. Section 9(1) of the Trade Marks Act also contains a proviso...concluded by pointing out that the impugned order is unreasoned. 4. Learned counsel for the respondent submitted that Section 9(1)(b) of the Trade Marks Act sets out...

...) dated 06.10.2018 communicated to us on 12 October, 2018 passed by the Registrar of Trade Marks, Delhi in respect of the trademark application no. 2657621 in class 25 for refusing registration of the trademark PRO PLAYER in the name of Perry Ellis International Group Holdings Limited filed on 10 January, 2014.2. The objection is raised under Section 9(1)(a) of the Trade Marks Act, 1999...Manmohan Singh, Chairman:— The Appellant named above prefers the present appeal under Section 9(1)1 of the Trade Marks Act, 1999 against the order (statement of grounds of decision...objection raised under Section 9(1)(b) of the Trade Marks Act, 1999, as the mark consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended...

...all supporting documents were Page 1 of 3 submitted to Examiner of Trade Marks, Geographical Indication and Copyright, Ahmedabad on 08/12/2023. He states that without considering the reply the application under class 35 has been refused. 3. Ms. Vyoma Jhaveri, Ld. Advocate for respondent submits that the present trademark application has been refused under Section 9(1)(a) of the Trade Marks Act, 1999.... The Objection/Examination report u/s. 9(1)(a) was issued by Examiner of Trade Marks, Geographical Indication and Copyright, Ahmedabad on 05/12/2023. He further submits that detailed reply along with...Section 91 of the Trade Marks Act, 1999 challenging the order dated 09.10.2025 passed by Examiner of Trade Marks, Geographical Indication and Copyright, Ahmedabad. 2. Mr. Tejas S...

... Page 1 of 3 documents were submitted to Registrar of Trade Marks, Geographical Indication and Copyright, Ahmedabad on 11/12/2023. He states that without considering the reply the application under class 30 has been refused. 3. Ms. Vyoma Jhaveri, Ld. Advocate for respondent submits that the present trademark application has been refused under Section 9(1)(a) of the Trade Marks Act, 1999... Date : 11/03/2026 ORAL ORDER 1. The present Civil Appeal is filed under Section 91 of the Trade Marks Act.../Examination report u/s. 9(1)(a) was issued by Examiner of Trade Marks, Geographical Indication and Copyright, Ahmedabad on 06/12/2023. He further submits that detailed reply along with all supporting...

...device mark was refused by citing Section 9(1)(a) of the Trade Marks Act, 1999 (the Trade Marks Act). 2. The appellant is a company incorporated in Texas, United States...Trade Marks raised an objection under Section 9(1)(a) of the Trade Marks Act on the ground that the mark is non distinctive and, consequently, incapable of distinguishing the services of the...applied goods hence not distinctive reply is not satisfactory hence application is refused under Section 9(1)(a) of the act." 5. Learned counsel...

...Trade Marks Registry. The reasoning in the impugned order of the learned Senior Examiner reads as under: "In the examination report, mark was clearly lacks distinctiveness and falls within the purview of Absolute ground of refusal so envisaged under Section 9(1)(a) of the Trade Mars Act, 1999...the sole objection under Section 9(1)(a)1of the Trade Marks Act, 1999, the contention that the mark, of which registration had been sought, was "a...objection regarding non-distinctiveness, under Section 9(1)(a) of the Trade Marks Act was without substance and that, therefore, the mark was entitled to registered. 5...

... "ENERGY FOR THE JOURNEY" under Section 9 (1) (A) of the Trade Marks Act on the ground that the said Trade Mark is devoid of any distinctive character. Under the impugned order...considered view that the Trade Mark registry under the impugned order has rightly applied Section 9 (1). If a mark is 4/6...mark. The Registry has rightly applied Section 9 (1) (a) of the Act to the case of the appellant and has rightly refused to register the subject mark "ENERGY FOR THE JOURNEY" in favour of the...

...coined nor invented. Section 9(1)(a) of the Trade Marks Act has been invoked in this context. 17. The grounds on which registration of a trade mark can be refused...the Assistant Registrar seeks to forge, between distinctiveness and evidence of use. Indeed, the finding is in the teeth of Section 9(1)(a) of the Trade Marks Act, which defines "distinctiveness...that Abu Dhabi is a geographical name, being the name of the capital of the UAE and is, therefore, non-registrable under Section 9(1)(b) of the Trade Marks Act. 29...

...examination report, the respondent raised objections under Sections 9(1)(b) and 11(1) of the Trade Marks Act, 1999. The appellant filed his response to the objections of the respondent. However, thereafter, vide the impugned order dated 17.12.2024, the respondent refused to accept the appellant's application, citing that the mark lacked distinctiveness under Section 9(1)(a) of...the Trade Marks Act, 1999 and was deceptively similar to earlier marks, under Section 11(1) of the Trade Marks Act, 1999. 2 4. The arguments of Mr.R.Sathish Kumar, learned counsel for the appellant:- (a) Mr.R.Sathish Kumar, learned counsel for the appellant would address the rejection of the application by the respondent under Section 9(1...application. 10. On scrutiny of the appellant's application, in and by examination report, the respondent raised two objections viz., an objection under Section 9(1)(b) of Trade Marks Act, 1999 as well as under Section 11 (1) of the Act. 11. To the Examination Report, the appellant was given a fair...

...11 for registration (Annexure J). Thus, the Respondent wrongfully deployed a different yardstick to test registrability of the same mark albeit in a different Class on the ground of Section 9(1)(a) of the Trade Marks Act, 1999...of which it has been applied for, however, objection was raised in the Examination Report under Section 9(1)(a) of the Trade Marks Act, 1999. The Respondent in the said order observed that the trade...Section 18(5) of the Trade Marks Act, 1999. Thus, prima facie, the said Order is baseless, arbitrary, without any application of mind and in contravention of Section 18(5) of the Act. The Hon'ble...

...registration (Annexure J). Thus, the Respondent wrongfully deployed a different yardstick to test registrability of the same mark albeit in a different Class on the ground of Section 9(1)(a) of the Trade Marks Act, 1999...applied for, however, objection was raised in the Examination Report under Section 9(1)(a) of the Trade Marks Act, 1999. The Respondent in the said order observed that the trade mark is ‘descriptive’ for..., 29362/2019 decision passed on October 16, 2019] observed that ‘8…..the Registrar of Trade Marks is directed to strictly implement Section 18(5) of the Trade Marks Act by recording in writing grounds...

...passed by the respondent, refusing the application for registration of the trade mark under No.4110705 in Class 09 and consequently direct the respondent to advertise the application in Trade Marks Journal. 1 For Appellant : Ms.Antara Balaji for Mr.Rajesh Ramanathan For Respondent : Mr.A.R.Sakthivel Senior Panel Counsel JUDGMENT This appeal is directed against the order of the respondent dated 13.01.2023, rejecting appellant's application for registering its word mark "PureDisplay' under Section 9(1)(a) of the Trade Marks Act, 1999.... 3. On scrutinising the application of the appellant, the Trade Marks Registry has raised a preliminary objection under Section 9(1)(a) on the ground that appellant's mark lacks...Office Building GST Road, Guindy, Chennai - 600 032 ... Respondent Prayer : Civil Miscellaneous Appeal filed under Section 91 of the Trade Marks Act, 1999 to set aside the order dated 13.01.2023...

...Trade Marks raised an objection under Section 9(1)(a) of the Trade Marks Act, 1999. The Plaintiff filed its Reply to the Examination Report on 29 October 2018. Vide his order dated 26 July 2019, the...Plaint. The Plaintiff has filed the present suit under Section 142 of the Trade Marks Act, 1999 seeking injunction against the Defendant from issuing groundless threats to the Plaintiff in respect of the...Section 142 of the Trade Marks Act, 1999. He submitted that the Defendant's claim of proprietorship over the marks ‘GLOW AND HANDSOME’/‘EMAMI GLOW AND HANDSOME’ is false and misconceived. He submitted...

.... Kangan Roda, learned Counsel for the petitioner, submits that the impugned mark is liable to be taken off the Register of Trade 1 Marks under Section 57(1) and (2)1read with Clause (a) of Section 9(1)2of the Trade Marks Act, as...registration has to be examined by seeing the mark as a whole, and not by vivisecting it into various parts. As such, the applicability of Section 9(1)(a) of the Trade Marks Act, to the impugned mark...plea of the petitioner, predicated on Section 9(1)(a) of the Trade Marks Act cannot, therefore, sustain. 8. Ms. Roda chose, thereafter, to abandon Section 9...