Defense For Section 9 and Section 11 of Trademark Act
Defense For Section 9 and Section 11 of Trademark Act
Section 9 (1)(A) –
• According to Section 47 of Trade and
Merchandise Mark Act,1958, defensive
registration can be filled .
• If the mark is well known according to
Section 11(6) of Trademark Act, 1999.
• CASE LAW - N. Ranga Rao & Sons v. Shree
Balaji Associates & Ors on 4th January
2013
Section 9(1)(B) –
• However in the recent case of ITC Ltd. v.
Britannia Industries Ltd.12, the Delhi High
Court settled the question as to the time
required to gain acquired distinctiveness
and said that to acquire secondary
meaning, it is not necessary that product
is in the market for number of years. If a
new idea is fascinating and appeals to the
consumers, it can become a hit overnight.
• If a company contains trademark which
consist exclusively of marks or indications
which may serve in trade to designate the
kind, quality, quantity, intended purpose,
values, geographical origin or the time of
production of the goods or rendering of
the service or other characteristics of the
goods or services can provide a details
knowledge about the product thus
attracting the customers.
Section 11(1)
• According to Section 11(11) of the trade
mark act, 1999 if a trade mark has been
registered in good faith or where right to
a trade mark has been acquired through
use in good faith then, nothing in this Act
shall prejudice the validity of the
registration of that trade mark or right to
use that trade mark on the ground that
such trade mark is identical with or similar
to a well-known trade mark.