Section 11 of TMA : Section 11: Relative Grounds For Refusal Of Registration

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 11 of The Trade Marks Act, 1999.

Suppose Mr. A wants to register a trademark for his newly established shoe company. He decides to name his company 'Adidus' and applies for a trademark. However, there already exists a well-known multinational corporation named 'Adidas' that manufactures and sells shoes.

According to Section 11(1), Mr. A's trademark may not be registered because it's similar to the earlier trademark 'Adidas', and the goods covered by the trademark are identical, causing a likelihood of confusion among the public. Furthermore, under Section 11(2), even though Mr. A is a different proprietor, his trademark can't be registered as 'Adidas' is a well-known trademark in India, and the use of 'Adidus' could unfairly take advantage of or be detrimental to the distinctive character of the 'Adidas' trademark.

However, as per Section 11(4), if 'Adidas' consents to the registration of 'Adidus', the Registrar may register the mark under special circumstances under section 12.