What are the trademarks that are prohibited from Trademark Registration?
R.Ramachandran (Advocate) 20 October 2010
Section 9 of the Trade Marks act enumerates absolute grounds on which registration of a trade mark can be rejected. Only these marks are known as 'prohibited trade marks'.
The section is quite clearly worded. In case still if you have any doubt on any portion of the provision please indicate, so that the same can be clarified to you.
MR.V.BALAKRISHNAN (INTELLECTUAL PROPERTY ATTORNEY) 24 October 2010
Yes, the entire system of trade mark registration is out dated,operated by people who do not apply their mind at all while examining an application.The Prohibited marks - sometimes they accept such a mark for registration,sometimes they dont. For example, "Mysore" is a Geographical name and provisions is there to provide GI Mark for products of Mysore. But even now the TM Registry is registering marks with the word 'Mysore".So you can not decide what is a prohibited mark and what is not. It all'depends ' upon the 'mood' of the examiner who examines the trade mark application with such doubtful marks.