09 · Intellectual Property & Technology
Trademark Disputes
Trademark disputes concern brand names, logos and other marks that identify goods or services.
Disputes over brand names, logos and similar marks.
What this covers
- 01Trademark registration and objections
- 02Oppositions
- 03Infringement and passing off
- 04Rectification and cancellation
- 05Domain name disputes
How it generally works
Under the Trade Marks Act, 1999, a registered owner can sue for infringement where a deceptively similar mark is used for similar goods or services. An unregistered mark can be protected through an action for passing off.
Applications for registration are examined by the Trade Marks Registry and can be opposed by others after publication.
Courts can grant interim injunctions quickly where the use of a mark is likely to cause confusion.
