law: Trade Marks Act, 1999  
  9. Absolute grounds for refusal of
  
  registration .-
  (1) The trade marks -
  (a) Which are devoid
  
  of any distinctive character, that is to say, not capable of distinguishing the
  
  good or services of one person from those of another person.
  (b) 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 f the goods or rendering of the service or other
  
  characteristics of the goods or service.
  (c) Which consist
  
  exclusively of marks or indications which have become customary in the current
  
  language or in the bona fide and established practices of the trade.
  Shall not be registered :
  Provided that 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
  
  trade mark.
  1. A mark shall not be registered as a trade
  
  mark if-
  (a) it is of such
  
  nature as to deceive the public or cause confusion.
  (b) It contains or
  
  comprises of any matter likely to hurt the religious susceptibilities of any
  
  class of section of the citizens of India.
  (c) It comprises or
  
  contains scandalous or obscene matter.
  (d) Its use is
  
  prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950
  
  (12 of 1950).
  1. A mark shall not be
  
  registered as a trade mark if it consists exclusively of-
  2. the shape of goods which results from the
  
  nature of the goods themselves. Or
  (a) the shape of good
  
  which is necessary to obtain a technical result, or
  (b) the shape which
  
  gives substantial value of the goods.
  Explanation.- For the purposes of
  
  this section, the nature of goods or services in relation to which the trade
  
  mark is used to proposed to be used shall not be a ground for refusal of
  
  registration.