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BPretty much, yes. As if you don’t want to fight over it with the corporates or have some unnecessary tension like this you are having now. And in case you succeed in the product you are working on, if they come to you, it will be much worse. So, yeah, better do a search.BSo this is how it goes :-
Using a brand name that is deceptively similar to an existing registered trademark in India can lead to trademark infringement and potentially passing off, even if the domain names are slightly different. The key legal test is the likelihood of confusion among consumers. If the use of the similar brand name is likely to confuse consumers about the origin, sponsorship, or affiliation of goods or services, it is likely to be considered illegal under the Trade Marks Act, 1999.
Even if the original brand name is not a registered trademark, the owner might still have grounds for a passing off action under common law if they can demonstrate goodwill and that the similar use misrepresents the goods or services, causing damage to their reputation.
How to Avoid This Scenario in India
To avoid potential legal issues related to using a brand name that might infringe on existing rights in India, follow these steps:
– Conduct a Comprehensive Trademark Search: Before adopting any brand name, conduct a thorough search on the official website of the Indian Trademark Registry (IP India) and other relevant databases. This search should look for identical and similar trademarks, considering phonetic, visual, and conceptual similarities.
– . Trademark registration provides stronger legal protection against infringement.
Viewing 2 posts - 1 through 2 (of 2 total)