A PROJECT ON

CRITICAL ANALYSIS OF NATURE OF

SECTION 9 (ABSOLUTE GROUNDS OF
REFUSAL FOR REGISTRATION)
SUBMITTED TO:Mr. Sandeep Suman
(FACULTY OF IPR-TRADEMARK)

SUBMITTED BY:PRIYANSHU GUPTA

(ROLL NO: - 102, SEM - VIII, BATCH: XI)

UNDER-GRADUATE PROGRAMME
SUBMITTED ON:7th April, 2015

HIDAYATULLAH NATIONAL LAW

UNIVERSITY RAIPUR, (C.G.)

TABLE OF CONTENTS
S.NO.

INDEX

PAGE

ACKNOWLEDGEMENT

03

RESEARCH METHODOLOGY
II

04
INTRODUCTION

05-08
POSITION OF DOMAIN NAME

2
3

09-10
REGISTRATION OF TRADEMARK

11-17

BARE PROVISION OF SECTION 9

4

18
BASIC OBJECTIVES OF SECTION 9

19-22
GENERAL APPROACH TO BE ADOPTED UNDER SECTION 9

23-24
ACQUIRED DISTINCTIVE CHARACTER- PROVISO TO SECTION 9

25
UNCONVENTIONAL TRADEMARK

26-40
HOW DISTINCTIVE SHOULD A TRADEMARK BE?

41-43

CONCLUSION
8

44
BIBLIOGRAPHY

ACKNOWLEDGEMENT

I am much indebted to my teacher Mr. Sandeep Suman, who gave me a chance to work on the
topic called Critical Analysis Of Nature Of Section 9 . I take the opportunity to thank him for
his assistance & comments & remarks on the project before its final draft. Throughout I have
been helped & encouraged by him.
A great debt of gratitude must be acknowledged to the Library & IT department for providing
with the valuable resources required for the making of this project.
I acknowledge the support of other faculty members, seniors & my classmates for their help in
locating source materials & for reading through the various drafts & offering some very valuable

suggestions for the project. Last but not the least I would like to thank my parents without whom
I would not have been able to complete my project.

SCOPE OF THE PROJECT

The project deals with the concept of Critical Analysis Of Nature Of Section 9 which includes
position of domain name, registration of trademark, basic objectives of section 9, general
approach to be adopted under section 9, unconventional trademark and how distinctive a
trademark should be.

RESEARCH METHODOLOGY
AIMS AND OBJECTIVES

The aim of this project is to learn about Neighbouring Rights Protection in IndiaS Objectives are
as follows:i.
ii.
iii.
iv.
v.
vi.

To know position of domain name.

To study about the registration of trademark.
To study the basic objectives of section 9.
To know about the general approach to be adopted under section 9.
To know about the unconventional trademark.
To study that how distinctive a trademark should be.

SOURCES OF DATA
The sources of data for this project are secondary in nature, including books, articles, law
journals & online resources.

MODE OF WRITING
The mode of writing in this project is descriptive & analytical.

INTRODUCTION
Trade mark means a mark1 capable of being represented graphically and which is capable of
distinguishing the goods2 or services3 of one person from those of others and may include shape
of goods, their packaging and combination of colors; and
1 "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral,
shape of goods, packaging or combination of colours or any combination thereof.
2 "goods" means anything which is the subject of trade or manufacture.
3 "service" means service of any description which is made available to potential users and
includes the provision of services in connection with business of any industrial or commercial
matters such as banking, communication, education, financing, insurance, chit funds, real estate,
transport, storage, material treatment, processing, supply of electrical or other energy, boarding,
lodging, entertainment, amusement, construction, repair, conveying of news or information and
advertising.

i.

in relation to Chapter XII (other than section 107), a registered trade mark or a mark
used in relation to goods or services for the purpose of indicating or so as to indicate a
connection in the course of trade between the goods or services, as the case may be, and

ii.

some person having the right as proprietor to use the mark; and
in relation to other provisions of this Act, a mark used or proposed to be used in relation
to goods or services for the purpose of indicating or so to indicate a connection in the
course of trade between the goods or services, as the case may be, and some person
having the right, either as proprietor or by way of permitted user, to use the mark
whether with or without any indication of the identity of that person, and includes a
certification trade mark or collective mark;

The Trade Marks Act, 1999 also defines what is known as "well-known trade mark". It provides
that "well-known trade mark", in relation to any goods or services, means a mark which has
become so to the substantial segment of the public which uses such goods or receives such
services that the use of such mark in relation to other goods or services would be likely to be
taken as indicating a connection in the course of trade or rendering of services between those
goods or services and a person using the mark in relation to the first-mentioned goods or
services.4

4 Section 2(zg) of Trade Marks Act, 1999.