Classification of goods and services :-

(1)  The Registrar shall classify goods and services as far as may be, in accordance with the International Classification of goods and services for the purposes of registration of trade marks  Trademark Registration Kerala.

(2) Any question arising as to the class within any goods or services falls shall be determined by the Registrar whose decision shall be final. Registrar is required to classify goods and services in accordance with the International classification for the purpose of registration of trademarks and his decision is final.

 Publication of alphabetical index :-

(1) The Registrar may publish in the prescribed manner an alphabetical of classification of goods and services referred to section 7.

(2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall be determined by the Registrar in accordance with sub-section (2) of section 7  Trademark Registration Kerala..

 The Trade Marks :-

(a) Which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) Which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c)  Which consists exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, 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  Trademark Registration Kerala.