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.