Section 11

Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law

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Few questions in Indian trademark law arise more frequently, or are decided with greater consequence, than whether two competing marks are deceptively similar to each other. The resolution of this question governs whether a trademark application will be accepted or rejected by the Registrar, whether an opposition proceeding will succeed or fail, and whether an […]

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The Concept of Well-Known Trademarks in India: Reputation beyond Goods and Geography under the Trade Marks Act, 1999

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In the architecture of trademark law, not all marks occupy the same position. Most marks perform a single function – they identify the source of goods or services and distinguish one trader’s products from another’s. Well-known trademarks do something more. Through sustained use, investment and public recognition, they transcend their original commercial context and become

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