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Relative Grounds For Refusal Section 11

Section 11 of the Trademarks Act, 1999 outlines the relative grounds for refusal of trademark registration based on conflicts with existing trademarks. A trademark application may be denied if it is identical or similar to an earlier trademark, particularly if it creates a likelihood of confusion among consumers, or if it resembles a well-known trademark, even in different categories. Additionally, trademarks may be refused due to pre-existing rights of third parties, including laws of passing off and copyright infringement.

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27 views7 pages

Relative Grounds For Refusal Section 11

Section 11 of the Trademarks Act, 1999 outlines the relative grounds for refusal of trademark registration based on conflicts with existing trademarks. A trademark application may be denied if it is identical or similar to an earlier trademark, particularly if it creates a likelihood of confusion among consumers, or if it resembles a well-known trademark, even in different categories. Additionally, trademarks may be refused due to pre-existing rights of third parties, including laws of passing off and copyright infringement.

Uploaded by

Monishka Agarwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Relative grounds for

refusal section 11
Section 11 of the Trademarks Act, 1999 deals with
Relative Grounds for Refusal of Registration, which means
a trademark application may be refused if it conflicts with
existing registered or well-known trademarks.
Likelihood of Confusion with an Earlier Trademark (Section
11(1))

A trademark will not be registered if:


• It is identical or similar to an earlier trademark.
• It is proposed to be registered for identical or similar
goods/services.
• There is a likelihood of confusion among the public, including
the likelihood of association with the earlier trademark.
Ex-A company applies for the trademark "PUMAAX" for sports
shoes. This is phonetically and visually similar to the well-known
brand "PUMA" in the same category (sportswear).
Since there is a high chance of confusion among consumers, the
application is likely to be refused.
Well-Known Trademarks Protection (Section 11(2))

Even if the goods/services are different, a trademark will be


refused if:
• It is identical or similar to a well-known trademark in India.
• Its use would take unfair advantage of, or be detrimental to, the
distinctive character or reputation of the well-known trademark.
Ex-A small company tries to register "Samsung Furniture" for a
line of sofas and chairs.
Even though furniture is different from electronics, Samsung is a
well-known trademark across various sectors.
The use of ‘Samsung’ in an unrelated category might take unfair
advantage of the brand.
Pre-existing Rights of Third Parties (Section 11(3))

The provision states that a trademark shall not be registered if its use in India
is likely to be legally restricted due to either of the following reasons:
(a) Law of Passing Off (Protecting an Unregistered Trademark)
• The law of passing off is designed to protect the goodwill of an unregistered
trademark.
• If a person or business is already using a mark in the course of trade and has
built goodwill, another party cannot register a similar mark that may deceive
consumers.
• Passing off occurs when a later user attempts to mislead consumers into
believing that their goods or services are associated with an established
brand.
• If an unregistered mark has acquired distinctiveness and reputation, the
owner can prevent the registration of a similar or identical mark under
passing off laws.
(b) Law of Copyright
• If a trademark consists of a design, artistic work, logo, or any other
copyrighted content, its registration may be prevented under
copyright laws.
• Copyright protects original literary, artistic, and musical works. If a
trademark application seeks to register a copyrighted design
without the owner's permission, it can be rejected.
• For example, if a company tries to register a logo that is a direct
copy of an artist’s copyrighted work, the copyright owner can object.
• The copyright owner has exclusive rights to reproduce, distribute,
and authorize the use of their work, preventing others from using it
as a trademark without permission.
• Honest Concurrent Use & Acquiescence (Section 12 &
33 Exceptions)
• If the applicant proves honest concurrent use or other
special circumstances, registration may still be granted.
• If the owner of an earlier trademark has acquiesced
(knowingly tolerated) the use of a similar mark for five
years, they may lose the right to oppose registration.

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