(a)which are devoid of any distinctive character, that is to say, not capable of distinguishing the
goods or services of one perso n 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, geograph ical origin or the time of production of the
goods or rendering of the service or other character istics 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.
(2)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
or section of the citizens of India;
(c)it comprises or contain s scandalous or obscene matter;
(d)its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950
(12 of 1950).
(3)A mark shall not be registered as a trade mark if it consists exclusively of -
(a)the shape of goods which results from the nat ure of the goods themselves; or
(b)the shape of goods which is necessary t o obtain a technical result; or
(c)the shape which gives substantial value to the goods.
Explanation .-For the purposes of this section, the nature of goods or services in relation to which
the trade mark is used or proposed to be used shall not be a grou nd for refusal of registration.