1. NON-REGISTERABLE MARKS Priyanga. G August 1, 2009

3. One of the members of the IP family.

4. Trade Mark includes a device,word, letter, numeral, sound, smell, shape of goods, packaging, combination of colors orany combination therefore allowing consumers to distinguishbetweengoodsoriginatingin different sources.

5. A variety of intangible creation of human imagination.

8. Marks should be graphically representable.

9. Marks should be capable of distinguishing the goods/services of one trader from those of othersWHAT CAN BE A TRADE MARK?

11. Numerals - Eg. 555

12. Words - Eg. APPLE

13. Logo - Eg.

14. Picture - Eg.

15. Symbols - Eg.

19. Marks that are contrary to any law.

20. A mark which is likely to hurt the religious susceptibilities.

21. A mark which contains scandalous or obscene matter.

22. Theshape of goods which is purely functional of necessary to obtain technical result or which gives substantial value to the goods.

24. Surnames, personal names or other common abbreviations are non- registrable.

25. Marks when devoid of distinctive character or not capable of distinguishing.

26. Descriptive marks are not registerable.

27. Generic names are not registrable.

28. Identical or Similar marks are non- registerable.

29. THE MARK WHEN IT DECEIVES THE PUBLIC OR CAUSE CONFUSION. Eg:AQUAFENA for AQUAFINA Case Study 1: S.M. Dyechem Ltd v Cadbury (India) (Ltd)- The marks PICNIC & PICNIK were in dispute Glaxo Smith Kline Pharmaceuticals Ltd. v. Unitech Pharmaceuticals Pvt. Ltd. The mark FEXIM for PHEXIM were in conflict. Test to determine similarity: Nature of the marks Degree of resemblance- visual, phonetic and also similarities in ideas Nature, purpose and character of goods Class of purchasers Trade channels

34. “The pope smokes the dope” over T-Shirts

36. Religious terms and icons

37. Race, Gender, and Sexual orientation

38. Vulgar

40. Queen Mary on underwear-(Martha Maid Mfg. Co., 37 U.S.P.Q. (BNA) 156 (Comm’r Pat. 1938)

43. DYKES ON BIKES

45. Marks contrary to any law Marks prohibited under the Emblems and Names (Prohibition of ImproperUse) Act, 1950 Example:Name,Emblemor Seal of UNO,WHO, Indian Flag etc., Use of the marks like I.S.I., I.S.S are prohibited under Indian Standard Institution Act, 1954 . B.P., I.P., - Under Drug and Cosmetics Rules 1945.

46. The mark should not be signs which consist exclusively of: Shapeswhich results from the nature of the goods themselves; or- For example, a picture an umbrella cannot be considered as a registrable label in relation to umbrella. Shape of goods which is necessary to obtain a technical result Shape which gives substantial value to the goods

50. Name of the Article patented cannot be a Trade MarkEg. Synoptophone for optical instruments was refused, as it is a special type of optical instrument that has been patented.