INTRODUCTION Any name, sign, or insignia used in or by a business to distinguish the producer or supplier of a product or service as well as to recognize products or services is referred to as a trademark.[1] Trademarks act as a brand identifier that attaches to itself the goodwill and reputation
The doctrine of approbate and reprobate is rooted in the principle of equity that prevents a person from making contradictory statements or taking advantage of two contradicting positions in legal proceedings. It embodies the maxim, “allegans contraria non est audiendus,” meaning a person alleging contrary statements should not be heard. This principle
INTRODUCTION: THE PRINCIPLE OF PRIOR USE In the realm of trademark law, trademarks play a pivotal role in distinguishing the goods or services of one business from those of another. Under the Trademarks Act, 1999, the registration of a trademark grants the proprietor exclusive rights to its use, allowing them
Section 9 and 11 of the Trademark Act, 1999, play a crucial role in the regulation of trademark registration in India. Section 9 outlines the absolute grounds for refusal, which include marks that are not distinctive, are merely descriptive, or contain scandalous or obscene elements. On the other hand, Section
INTRODUCTION TO DECEPTIVE SIMILARITY Deceptively similar, according of Section 2(1)(h) of the Trade Marks Act, 1999 (herein referred to as “the Act”), has been defined as being so, if one trade mark so nearly resembles another so as to be likely to deceive or cause confusion. Deceptive similarity becomes, thus,
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