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Question

The absolute grounds for refusal of registration is contained under which section of the Trade Mark Act, 1999?

The correct answer is
Section 9

Trade Mark Act 1999: Grounds for Refusal

The Trade Mark Act, 1999 governs the registration of trademarks in India. It specifies conditions under which a trademark application can be refused.

Identifying Absolute Grounds Section

The Act categorizes refusal grounds into two main types: absolute grounds and relative grounds.

  • Absolute grounds relate to the inherent characteristics of the mark itself, making it unsuitable for registration.
  • These grounds are exclusively detailed in Section 9 of the Trade Mark Act, 1999.
  • Examples include marks lacking distinctiveness, being descriptive of goods/services, or being offensive.

Therefore, Section 9 is the specific section addressing the absolute grounds for refusal of trademark registration.

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Important Questions from Intellectual Property Rights (IPRs)

  1. Intellectual Property Rights (IPRs) protect the use of information and ideas that are of

  2. Choose the correct code for the following statements being correct or incorrect.

    Statement I : Intellectual Property (IP) is a category of property that includes intangible creations of the human intellect.

    Statement II : IPR does not include trade secrets and moral rights. 

  3. Which among the following is not a correct statement regarding patent ?

  4. Which one of the followings is not included in the term "Work" under copyright Act 1957?

  5. Arrange the following procedure for the grant of patent in a proper sequence:

    (A) The true and first owner shall apply in form I and legal representative of true owner shall apply in form II

    (B) A complete specification shall be filled with a fee of Rs. 50/- within 12 months from the date of filing of application

    (C) The first inventor of the work who claims to be true and first owner or his legal representative

    (D) For each invention separate application for a patent shall be made

    Choose the correct answer from the options given below:

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