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Author: Adv. Koushik Chittella

An Advocate enrolled on the rolls of the Bar Council of the State of Andhra Pradesh. What started as curiosity about how the law protects ideas, brands, inventions, and creative works gradually developed into a genuine passion for studying and explaining IP law, inspiring me to pursue a Masters degree (LL.M.) in Intellectual Property Rights (IPR).
trademark

Similar Trademarks: Inside the Doctrine of Coexistence in India

Trademark coexistence in India is determined by the likelihood of confusion rather than mechanical similarity of marks. As established in Nandhini Deluxe, registration does not grant absolute monopolies across all goods within a class if the commercial sectors differ significantly. Similarly, surnames like Goenka require proof of acquired distinctiveness to earn protection. Courts employ a holistic approach, weighing consumer perception, trade channels, and honest concurrent use under Section 12 of the Trade Marks Act 1999 to determine if similar marks can legitimately function alongside one another.

4 min read