Distinctiveness of the Mark

• The trademark must be capable of distinguishing the applicant’s goods or services from others.
  
• Marks with inventive, arbitrary, or coined words are more likely to be accepted.
  
• Descriptive or generic terms are not considered distinctive unless they have acquired secondary meaning.
  
• The mark should be memorable, unique, and not commonly used in trade.
  

Non-Conflict with Existing Marks

• The proposed trademark must not be identical or deceptively similar to an existing registered or pending trademark.
  
• A thorough trademark search is necessary to avoid legal conflicts.
  
• Marks that may cause confusion or association with another brand are likely to be refused.
  
• The Registrar examines both visual, phonetic, and conceptual similarities during assessment.
  

Compliance with Legal Provisions

• The trademark must not fall under the prohibited categories under Sections 9 and 11 of the Trade Marks Act, 1999.
  
• Marks that are misleading, offensive, obscene, or contrary to public morality are not registrable.
  
• Words that indicate government affiliation, national symbols, or religious connotations are disallowed.
  
• The mark must also adhere to class-specific rules based on goods or services.
  

Capability of Graphical Representation

• The trademark must be capable of being represented graphically.
  
• This includes word marks, logos, slogans, shapes, colors, or combinations, provided they can be visually identified.
  
• The mark must be clear and precise so that it can be recorded and published by the Trade Marks Registry.
  
• Vague or overly complex designs that cannot be adequately represented may be rejected.
  

Intent and Use in Commerce

• The applicant must intend to use the trademark in trade, either currently or in the near future.
  
• Proof of use or declaration of intent to use should be included in the application.
  
• The trademark should not be filed with the intent to block others or as a defensive registration.
  
• Proper classification and commercial relevance strengthen the case for registrability.