Trademark Objections under Section 9(2)(c) of the Trademark Act

Trademark Objections under Section 9(2)(c) of the Trademark Act 1999

The Trademark Act, 1999 governs the registration of trademarks in India, providing various grounds for objection during the registration process. The section focuses on preventing trademarks that can be obscene or contrary to morality and public order from being registered. In this blog, we will explore Section 9(2)(c) of the Trademark Act, provide examples of such trademarks.

Trademark objections under Section 9(2)(c) of the Trademark Act, 1999

Section 9(2)(c) of the Trademark Act, 1999

Section 9(2)(c) of the Trademark Act, 1999, specifically prohibits the registration of trademarks that contain scandalous or obscene matter. This section ensures that trademarks promoting vulgar, obscene, or offensive language, symbols, or images do not enter the market and offend public decency.

The Registrar of Trademarks may refuse registration if the proposed mark contains elements that are considered scandalous or are likely to offend a significant portion of the population.

Examples of Trademarks Objectionable Under Section 9(2)(c)

1. "XXX Entertainment" for a streaming platform – Could be objectionable due to its reference to explicit adult content.

2. "F#@!" for a clothing line – The use of profane language could be considered offensive and therefore objectionable.

3. "Explicit Images" for photography services – If the trademark promotes sexually explicit material, it could be rejected under this section.

4. "Offensive War Symbols" for a game – Using historically offensive symbols (e.g., certain war or hate group symbols) may be considered scandalous.

5. "Naughty Words" for a children’s toy brand – A mark that contains or promotes inappropriate language for children may be rejected.

Cautions while choosing Trademark and avoid objections under Section 9(2)(c) of the Trademark Act, 1999

You should avoid using any obscene, immoral, naughty, violent or any word which is indecent, immoral in general public.

You should also avoid any word or indication which indicates any obscenity, immorality, violence, terror, Sexual words and gestures or any word which is similar to such terms.

Responding to Trademark objections under Section 9(2)(c) of the Trademark Act, 1999

Here is the key to response the Trademark objections under Section 9(2)(c) of the Trademark Act, 1999