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  • 23 January, 2023

  • 5 Min Read



  • A case of trademark infringement brought by the international fast food chain Subway against Suberb, a restaurant in Delhi, was recently dismissed by the Delhi High Court.

What is trademark?

  • It is an image, term, or phrase that is used to represent a company. A trademark's owner may assert "exclusive rights" to use it once it has been registered.
  • A trademark is a symbol that can be used to separate the products or services of one company from those of other companies.
  • Governing Bodies in India: The trademark registration process is governed by the Trademark Act of 1999.
  • A trademark that is registered with the Controller General of Patents, Designs, and Trademarks, generally known as the trademark registration, is guaranteed protection under the Act.
  • A trademark has a ten-year lifespan and may be perpetually renewed by the owner every ten years.

Infringement of a trademark:

  • A registered trademark is violated or infringed upon when used without the consent of the organisation that owns the trademark.
  • It may also be illegal to use a mark that is substantially similar for products or services that are similar.
  • Courts must decide in these situations whether consumers will be confused between the two as a result.

Possible ways to violate a trademark include:

  • Deceptive Similarity: According to the law, a mark is said to be deceptively similar to another mark if it closely resembles that other mark and causes confusion among consumers.
  • Such trickery may be produced aesthetically, architecturally, or phonetically.
  • Passing off is when a brand's logo is spelled incorrectly in a way that is difficult for customers to recognise.
  • In these situations, it is not necessary for the infringing products to be identical; rather, it is enough to prove that the competing traders' goods are comparable in terms of their nature, character, and performance.
  • According to the Supreme Court, passing off is a type of unfair trade competition or actionable unfair dealing in which one person attempts to financially benefit from the reputation that another person has built for himself in a certain trade or industry by deception.

Do you Know?

  • The World Intellectual Property Organization (WIPO) is in charge of enforcing the Trademark Law Treaty (TLT).
  • The Trademark Law Treaty (TLT) aims to standardise and simplify processes for regional and national trademark registration.
  • This is accomplished by streamlining and harmonising a few aspects of those processes, which makes the administration of trademark registrations across several countries and the filing of trademark applications less complicated and unpredictable.

Source: Indian express


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