{"id":51568,"date":"2023-01-03T14:02:03","date_gmt":"2023-01-03T08:32:03","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=51568"},"modified":"2023-04-11T12:32:20","modified_gmt":"2023-04-11T07:02:20","slug":"what-is-a-section-9-trademark-renewal","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/what-is-a-section-9-trademark-renewal\/","title":{"rendered":"What is a Section 9 Trademark Renewal?"},"content":{"rendered":"\n<p>Intellectual\nproperty rights or can be called IPR, defines all those rights and privileges\nattached to the ownership of that intellectual property. They are like\nintangible properties, which must be protected from being stolen. The rights\nconferred to the owner over the use of their creation are not permanent. The\nowner can only enjoy a temporary monopoly over the creation. IPR allows the\nowner to choose who may use the product or the work with the conditions under\nwhich they can use it. If simply put, Intellectual property right plays a\nsignificant role in influencing trade in India. Therefore it is very well\nestablished at all levels, i.e. judicial, statutory and administrative. India\nis also a part of WTO, the World Trade Organisation and a signatory member of\nthe Agreement on Trade-Related Aspects of Intellectual Property Rights, also\nknown as TRIPS. It lays down the minimum standards for the protection and\nenforcement of IPR. All the signatory members of the TRIPS are required to\nfollow the rules written there, and with that, they are also required to amend\ntheir national laws in accordance with the rules and regulations of TRIPS. In\nthis article, we will talk about Section 9 <strong><a class=\"text-primary\" href=\"https:\/\/corpbiz.io\/trademark-renewal\">Trademark Renewal<\/a><\/strong>.<\/p>\n\n\n\n<p><strong><em>IPR\nhas been sub-categorised into six parts:<\/em><\/strong><\/p>\n\n\n\n<ul><li>Patents<\/li><li>Trademark<\/li><li>Design<\/li><li>Copyrights<\/li><li>Geographical Indications<\/li><li>Plant Varieties<\/li><\/ul>\n\n\n\n<p>In this article, we will talk about trademark law and all the aspects\nrelated to it. Trademarks can be defined as any sign or any combination of\nsigns or a mark, a logo that is capable of distinguishing one product or\nservice from another one. A Trademark is not only limited to the above terms,\nbut it also includes a device, brand, label, name, signature, word, letter,\nnumerical, shape of goods, packaging, colour or combination of colours, smell,\nsound, movement or any combination that is capable of distinguishing goods and\nservices of one business from those of the others. <\/p>\n\n\n\n<p>The trademark law in India has its roots way back to 1266. It was known\nas the Anglo-Indian Trademark law or the Balers Marking Law. As the name\nsuggests, this law required all bakers to put a mark on the bread they sell.\nThe world saw its first systematic intellectual property law in 1474, that was\nthe Venetian Patent Statute of 1474. <\/p>\n\n\n\n<p>But before 1940, there were no proper laws for IPR\nprotection in India. The\ntrademark act was the first step towards the protection of intellectual\nproperty rights. Prior to this act, the protection of trademarks was governed\nby common laws, such as cases concerning trademarks that were decided as per\nSection 54 of the Specific Relief Act of 1877, while registration of the\ntrademark was decided under <strong>the Indian Registration Act of 1908<\/strong><sup><a class=\"text-primary\" href=\"https:\/\/www.indiacode.nic.in\/bitstream\/123456789\/13236\/1\/the_registration_act%2C_1908.pdf\"><strong>[1]<\/strong><\/a><\/sup>. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Trademark Law in India<\/h2>\n\n\n\n<ul><li><strong>Definition of trademark<\/strong><\/li><\/ul>\n\n\n\n<p>The\nterm trademark has been defined under Section 2(1)(zb) of the Trademark Act of\n1999.&nbsp;<\/p>\n\n\n\n<p>According\nto the act, a trademark is defined as a &#8220;<em>Mark which is capable of being represented graphically and also capable\nof distinguishing the goods or services of one business from those of others\nbusiness and may include the shape of goods, their packaging and combination of\ncolours<\/em>.\u201d<\/p>\n\n\n\n<p>So\nin simple words, a trademark provides protection for the symbols, colours,\nshapes, words, etc., that are related to a good or service. There is a famous\nquote which goes like this, &#8220;<em>A brand is always a trademark but a\ntrademark is not always a brand<\/em>.&#8221; It was important to quote this here\nbecause there is often confusion between a brand and a trademark.<\/p>\n\n\n\n<ul><li><strong>Types of Trademarks<\/strong><\/li><\/ul>\n\n\n\n<p>There are four types of trademarks; they are as follows:<\/p>\n\n\n\n<ol><li>Service Mark<\/li><li>Collective Mark<\/li><li>Certification Mark<\/li><li>Trade Dress<\/li><\/ol>\n\n\n\n<ul><li><strong>Historical Perspective<\/strong><\/li><\/ul>\n\n\n\n<p>The reach shows that various forms of proprietary\nprotection for marks in India were developed several years before. But India\u2019s\nfirst statutory trademark law only dates back to 1860. Prior to 1940, there\nwere no proper laws governing trademarks in India. Common laws use to govern\nvarious aspects of a trademark. This led to numerous problems related to\ninfringement and passing off. To overcome all these issues, the Trademarks Act\nof 1940 was enacted. The act was in correspondence with the English Trademarks\nAct. <\/p>\n\n\n\n<p>But with, the passing of time and increasing trade\nactivities resulted in the need for better protection for trademarks. Therefore\nTrademark and Merchandise Act of 1958 was enacted. The only objective of the\nact was to provide a simplified procedure to register a trademark in India with\nbetter protection for the trademark owners against infringement. <\/p>\n\n\n\n<p>After independence, it became a signatory member of\nTRIPS, which allowed the central government to repeal the act of 1958 and enact\na whole new act, which is known as the Trademark Act of 1999. The act of 1999\nis in compliance with all the rules and regulations of TRIPS. <\/p>\n\n\n\n<p>The rules of the Trademark Act of 1999 are known as the\nTrademark Rules of 2002. The trademark act 1999 and its trademark rules 2002\npresently govern Indian Trademark Laws in India. <\/p>\n\n\n\n<ul><li><strong>Registration of Trademark<\/strong><\/li><\/ul>\n\n\n\n<p><em>Section 18<\/em> to <em>Section 23<\/em> of the\nTrade Marks Act of 1999 talks about the procedure to register your trademark.\nThe sections are discussed below: <\/p>\n\n\n\n<ol><li>Section18 of the act talks\nabout the acceptance of an application;<\/li><li>Section 19 of the act talks\nabout the withdrawal of acceptance;<\/li><li>Section 20 of the act talks\nabout the advertisement of accepted applications; <\/li><li>Section 21 of the act talks\nabout the opposition to registration;<\/li><li>Section 22 of the act talks\nabout the correction and amendment of the application; <\/li><li>Section 23 of the act talks\nabout registration.<\/li><\/ol>\n\n\n\n<p>The central government is responsible for appointing a controller\ngeneral of trademarks. As per The Trademark Act of 1999, a registered trademark\nis valid for a period of ten years. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Section 9 of the Trademark Act, 1999<\/h2>\n\n\n\n<p>Once the\napplication for registration is submitted, the Indian trademark office issues\nan examination report. In this report, the office raises all the majorly\nobjections to the application. <em>Section 9<\/em>\n&amp; <em>Section 11<\/em> of the Trade Marks\nAct of 1999 talk about such objections.&nbsp; <\/p>\n\n\n\n<p>Section 9 of the Act\nmajorly talks about absolute grounds for refusal of registration. According to\nSection 9 trademark office can reject any mark that is:<\/p>\n\n\n\n<ol><li>Descriptive in nature <\/li><li>Generic in nature <\/li><li>Deceptive of the origin of goods or services,<\/li><li>Deceptive about the nature of the goods or services,<\/li><li>Deceptive about the quality of the goods or services<\/li><\/ol>\n\n\n\n<ul><li><strong>Analysis of Section 9 (1)(a) of the Trademark Act, 1999<\/strong><\/li><\/ul>\n\n\n\n<p>Under this part of the act talks about the prohibition\nof trademark registration, which are devoid of any distinctive character. Now\nthe word devoid means the unpossessed. The act says that a trademark cannot be\nregistered if it is not capable of distinguishing the goods or services of one\nperson from those of another person. In order to determine whether the\ntrademark is capable of distinguishing, the tribunal must consider both the\nscenarios that are inherent capabilities to distinguish and factual capability\nto distinguish.<\/p>\n\n\n\n<ul><li><strong>Analysis of Section 9 (1)(b) of the Trademark Act, 1999<\/strong><\/li><\/ul>\n\n\n\n<p>This part of the section prohibits the registrar of the\ntrademark office from registering a trademark where the trademark for which the protection\nis sought is both descriptive and non-distinctive in nature. This means that\nthe signs or the indications which consist simply of designations or kind, quality, quantity, intended purpose,\nvalues, geographical origin or the time of production of the goods and that are served\/used in normal usage by a\ncustomer&#8217;s point of view either directly or by reference. <\/p>\n\n\n\n<ul><li><strong>Analysis of Section 9 (1)(c) of the Trademark Act, 1999<\/strong><\/li><\/ul>\n\n\n\n<p>This part of the section totally prohibits all those\nsigns and indications that are common to the trade and are available to all\nthose who choose to use them<\/p>\n\n\n\n<ul><li><strong>Analysis of Section 9 (2)(A) of the Trademark Act, 1999<\/strong><\/li><\/ul>\n\n\n\n<p>This part of the section prohibits the registrar of the\ntrademark office from registering a trademark if it of the nature of\nmisrepresentation as to the characteristics of the goods\/service or to the\neffect that they were made in a specified geographical region or place when in\nfact not so made. In simple terms, if the trademark is of a deceiving nature,\nthat can create confusion among the customers.&nbsp;\n<\/p>\n\n\n\n<ul><li><strong>Analysis of Section 9 (2)(B) of the Trademark Act, 1999<\/strong><\/li><\/ul>\n\n\n\n<p>This part of the section prohibits the registrar of the\ntrademark office from registering a trademark if it contains or comprises any\nmatter likely to hurt the religious sentiments of any class or section of the\ncitizens of India. It is a very common trade practice in India to use the names\nand pictures of gods and goddesses or religious heads as trademarks. <\/p>\n\n\n\n<ul><li><strong>Analysis of Section 9 (2)(C) of the Trademark Act, 1999<\/strong><\/li><\/ul>\n\n\n\n<p>This part of the section prohibits the registrar of the\ntrademark office from registering a trademark which comprises\/contains\nscandalous\/obscene matter. It is obvious that registration should be denied for\nmarks, which are contrary to morality\/considered obscene. <\/p>\n\n\n\n<p>A trademark is obscene or not is a question of fact and\nthe onus will be on the applicant to show that it is by presenting the evidence\nand overcoming the objection.<\/p>\n\n\n\n<ul><li><strong>Analysis of Section 9 (2)(D)of the Trademark Act, 1999<\/strong><\/li><\/ul>\n\n\n\n<p>This part of the section prohibits the registrar of the\ntrademark office from registering a trademark that bears any emblem or name,\nthe use of which is in contravention of the Emblems and Names Act of 1950. The\nprohibited name or emblem is specified in the schedule of the said act. <\/p>\n\n\n\n<p>Under <em>Section 8<\/em>\nof the act Central government is empowered to add to or alter the schedule and\nnotify in the official gazette. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n\n\n<p>The subject matter of intellectual property is the product of the mind or; we can say, the human intellect. It is an intangible property which cannot be touched but can be sold, bought, leased or owned; therefore, it needs protection from the law. One such category of IPR is the trademark, which has become very important in this present competitive world because each and every producer of goods or services in this world needs a mark or a symbol to distinguish its product from the other. The trademark helps a businessman to build goodwill among consumers. Thus, the Trademark law has undergone a gruelling evolution so that it can strengthen the conditions under which one may carry on trade within the country.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read Our Article<\/b>: <mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/process-of-trademark-renewal-in-india\/\">What Is The Process Of Trademark Renewal In India?<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Intellectual property rights or can be called IPR, defines all those rights and privileges attached to the ownership of that intellectual property. They are like intangible properties, which must be protected from being stolen. The rights conferred to the owner over the use of their creation are not permanent. The owner can only enjoy a [&hellip;]<\/p>\n","protected":false},"author":48,"featured_media":51569,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2],"tags":[2996],"acf":{"service_id":"342"},"authorName":"Astitva Kumar","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2022\/12\/MicrosoftTeams-image-27.jpg","authorDescription":"Astitva Kumar is an advocate by profession and has completed her BBA. LLB from IP University. She is an avid reader, researcher, and legal writer. Her areas of interest include mediation, conflict resolution, finance, cyber laws, and taxation.","postViews":3978,"readingTime":6,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/51568"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/48"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=51568"}],"version-history":[{"count":5,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/51568\/revisions"}],"predecessor-version":[{"id":54885,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/51568\/revisions\/54885"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/51569"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=51568"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=51568"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=51568"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}