Trademark Examination India

Deceptive Similarity The Legal Test

Deceptive Similarity The Legal Test Under Indian Trademark Law

No concept in Indian trademark law is more frequently litigated, more extensively analyzed in judicial decisions or more consequential in its practical application than deceptive similarity. It is the standard by which the Trade Marks Registry determines whether a pending application conflicts with an earlier registration, the criterion by which courts assess whether an allegedly […]

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Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999

A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize, the application must pass through a rigorous examination process administered by the Trade Marks Registry. That examination is governed by two distinct categories

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