Section 9 (1)(b) provides the absolute grounds/reasons for which a Trademark Registration Application could be rejected. An extract of the Section 9 (1) (b) mentions the Trademarks which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service. This provision applies to marks that are both descriptive and non-distinctive in relation to the goods or services for which the protection is sought.

The precautionary way to overcome a refusal in the aforesaid case could be observed in Keystone Knitting Mills Ltd.’s case – TM [(1928) 45 RPC 193] that, while analyzing a mark, one has to look at the word, not in its strict grammatical significance, but as it would represent itself to the public at large who are to look at it and form an opinion of what it connotes.

Also in exception to the provision in question, a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trademark.

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