Are you looking to register a trademark in India? If so, you need to know what kind of trademarks cannot be registered in India. A trademark is a sign that is used to distinguish goods and services from those of others. In India, the registration of a trademark is regulated by the Indian Trademarks Act of 1999. This act identifies what marks can and cannot be registered as trademarks.

In general, a trademark is not registrable if it is generic, descriptive, deceptive, or non-distinctive. It is also not possible to register trademarks that are similar or identical to an existing registered trademark. Here, we will look at each of these categories in more detail and discuss what kind of trademarks cannot be registered in India.

Generic marks are those that are commonly used to describe a class of goods or services. For example, the word “computer” is a generic term and therefore cannot be registered as a trademark. Similarly, trademarks that contain common surnames, such as “Smith” or “Gandhi” are also not registrable.

Descriptive marks are those that describe the features of the goods or services for which it is being used. For example, the words “Healthy” or “Fresh” are descriptive marks and are therefore not registrable.

Deceptive marks are those that contain false descriptions or those that are likely to mislead the public regarding the characteristics of the goods or services. For example, the words “organic” or “all-natural” are not registrable if they are used for goods or services that are not actually organic or all-natural.

Non-distinctive marks are those that lack the necessary degree of distinctiveness. This means that they are so commonly used that they lack the ability to distinguish the goods or services of one trader from those of another. For example, the words “best” or “premium” are non-distinctive and therefore cannot be registered as trademarks.

Finally, trademarks that are similar or identical to existing registered trademarks cannot be registered. This is because it can lead to confusion among consumers, who may mistakenly believe that the goods or services originate from the same source.

In summary, generic, descriptive, deceptive, non-distinctive, and similar or identical trademarks cannot be registered in India. If you are looking to register a trademark in India, it is important to understand what type of marks can and cannot be registered as trademarks. This will ensure that your trademark is properly protected.