What Trademarks cannot be registered in India ?

What Trademarks cannot be registered in India?

Trademark registration paves the way for products and services to be uniquely identified. It differentiates between products and services.

Trademark registration is a crucial step in establishing a unique identity for products and services. It serves as a differentiator in the marketplace and provides the trademark owner with exclusive rights to their trademark while safeguarding against infringement. This protection is essential for building goodwill, customer loyalty, and valuable assets.


To ensure effective brand naming, it's important to have a clear understanding of what can and cannot be trademarked. In this article, we'll explore the limitations of trademark registration in India and provide guidance on choosing a brand name.

Absolute Grounds for Refusal of Registration

  • Void of distinguishing characteristics

In Indian trademark law, the requirement of distinctiveness is strictly interpreted. A trademark that lacks distinctiveness for a product or service cannot be considered a valid trademark. The Trade Marks Act, of 1999 prohibits the registration of descriptive and non-distinctive trademarks under Section 9(1)(a) and 9(1)(b) unless they can be proven to have acquired a distinctive character through use.

The Act makes an exception here namely where the trademarks lack distinctiveness or contain exclusive marks that are used in trade to define kind, quality, etc. or contain marks that have become customary in trade practices. The trademarks falling under this point will not be refused registration if they have acquired a distinctive character as a result of the use or are a well-known trademark prior to applying for registration.

  • Names/surnames

 In India, the use of names and surnames as trademarks is subject to certain restrictions. Trademark registration for names and surnames is only granted if they possess a distinctive character. Additionally, if the use of the name or surname was done dishonestly, the trademark registration will not be granted.

  • Color

Although the Trademarks Act of 1999 does not explicitly prohibit the use of colors as trademarks in India, the issue of "color deprivation" has led to challenges in registering colors as trademarks. This has resulted in a backlog of court cases as the Indian Registry and Courts have denied the use of color trademarks.

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