Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Sundaram Foods Pvt Ltd applies to register the word 'SWEET' for packaged sugar confectionery. The mark has not been used before the application date and has no acquired reputation. Under the Trade Marks Act, 1999, how is the application most appropriately treated?

The application is refused. 'SWEET' for confectionery consists exclusively of an indication of the kind or quality of the goods, and with no prior use or acquired distinctiveness the proviso to the absolute grounds provision does not rescue it.

  1. ARefused, because the mark consists exclusively of an indication that may designate the kind or quality of the goods and has not acquired distinctive characterCorrect
  2. BAccepted, because every dictionary word is registrable if the applicant pays the prescribed fee
  3. CAccepted, because absolute grounds apply only to marks for services
  4. DRefused, because a single-word mark can never be registered

Explanation

Section 9(1)(b) bars marks consisting exclusively of indications designating kind or quality of goods. The proviso saves such a mark only if it acquired distinctive character through use before the application date or is well known. Here neither applies, so refusal follows. Option B ignores the absolute grounds.

Did you get it right without looking?

One question tells you little. A timed set on Trademarks shows your real accuracy, how long you take and where you lose marks.

Practise TrademarksFree diagnostic mock

More Trademarks questions