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  • Defense For Section 9 and Section 11 of Trademark Act

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    Vakisha K 144
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    DEFENSE FOR SECTION 9 AND SECTION 11 OF TRADEMARK ACT

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    9 views3 pages

    Defense For Section 9 and Section 11 of Trademark Act

    Uploaded by

    Vakisha K 144

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 3

    DEFENCE

    S FOR SECTION 9 AND SECTION 11 OF


    TRADEMARK ACT, 1999

    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.

    WARM REGARDS, VAKISHA K

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