Question

Which of the following is a ground for rejection of a trademark application under the Trade Marks Act, 1999?

• A. The mark is distinctive and well-known.
• B. The mark is likely to deceive or cause confusion.
• C. The mark has been used continuously for five years.
• D. The mark is registered in a foreign country.

Hint:

The primary goal of trademark law is to prevent consumer confusion. Therefore, any mark that is "likely to deceive or cause confusion" is a prime candidate for rejection.

Answer 1

The Correct Option is B

The Trade Marks Act, 1999, lays down grounds for refusing registration. Section 9 provides "Absolute grounds for refusal." Under Section 9(2)(a), a mark shall not be registered if it is of such a nature as to deceive the public or cause confusion. This is a fundamental principle to protect consumers from being misled. In contrast, distinctiveness (A) and continuous use (C) are factors that *support* registration. Registration in a foreign country (D) is generally not a ground for rejection in India, though it can be relevant for claiming priority.