Distinctiveness, Not Uniqueness, Governs Registrability Under Section 9(1)(a); Delhi HC Directs Registrar to Reconsider “OFFER” Mark Registration Application
The Court held that for the purpose of Section 9(1)(a), Trade Marks Act, 1999, the statutory inquiry is whether the applied mark possesses distinctive character and is capable of distinguishing the applicant’s goods from those of others. The Act does not prescribe uniqueness as a condition for registration.