Generic words may be the subject matter of trademarks

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Lex OrbisManisha Singh [email protected] 11 of the Trademarks Act, 1999 specifies the relative grounds for refusal to register a trademark…

Lex Orbis
Manisha Singh Nair
[email protected]

Section 11 of the Trademarks Act, 1999 specifies the relative grounds for refusal to register a trademark if it is found to be identical to an existing trademark or on account of the similarity of goods and services covered by the impugned trademark. However, the similarity of marks is an issue that trademark law in India has consistently dealt with over time, with crucial principles evolving as a result. As per judicial dicta, there should be only one trademark, one source and one proprietor. Thus, it is neither permissible nor advisable to use a mark similar to a registered mark.

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