First of all section 8 provides of the Trademarks Act 2010 provides that that a trademark relating
to goods or services shall be registered in respect of particular goods or classes of goods.
Secondly section 9 provides that in order for a trademark other than a certification mark to be
registered in Part A of the register, the trademark shall contain or consist of at least one of the
essential particulars. The basic difference between section 9 and section 10 on distinguishing is
that under section 9 the trademark has to be distinctive and is registered under Part A. Under
section 10 it should be capable of distinguishing the goods or services even if an owner had first
been registered under Part A and it is registered under Part B. Section 9 of the Trademarks Act
2010 provides as follows:
―9. Distinctiveness requisite for registration under Part A.
(1) In order for a trademark other than a certification mark to be registered in Part A of
the register, the trademark shall contain or consist of at least one of the following
essential particulars—
(a) the name of a company, individual or firm, represented in a special or
particular manner;
(b) the signature of the Applicant for registration or of some predecessor in his or
her business;
(c) an invented word or invented words;
(d) a word or words having no direct reference to the character or quality of the
goods or services, and not being according to its ordinary signification, a
geographical name or a surname; or
(e) any other distinctive mark, but a name, signature or word or words, other than
words within the descriptions in paragraphs (a), (b), (c) and (d), shall not be
registrable under this paragraph except upon evidence of its distinctiveness.
(2) For the purposes of this section, ―distinctive‖ means—
(a) in the case of a trademark relating to goods, adapted in relation to the goods in
respect of which the trademark is registered or proposed to be registered, to