Scribd
Upload
80 views1 page

Despite Belonging To The Same Class

Despite belonging to the same class, an application for trademark shall be allowed if the products are different than those of an existing trademark. Section 30(1) of the Trademark Act provides that use of a registered trademark by another is allowed if it is done honestly, does not take unfair advantage of the trademark's distinctive character or repute. In Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation Ltd, the court ruled that no law is violated if two companies use a similar trademark for different products within the same class and a trademark proprietor does not have a monopoly over an entire class of goods, especially if they do not use the trademark for certain goods in that class.

Uploaded by

gaurav singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
80 views1 page

Despite Belonging To The Same Class

Despite belonging to the same class, an application for trademark shall be allowed if the products are different than those of an existing trademark. Section 30(1) of the Trademark Act provides that use of a registered trademark by another is allowed if it is done honestly, does not take unfair advantage of the trademark's distinctive character or repute. In Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation Ltd, the court ruled that no law is violated if two companies use a similar trademark for different products within the same class and a trademark proprietor does not have a monopoly over an entire class of goods, especially if they do not use the trademark for certain goods in that class.

Uploaded by

gaurav singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Despite belonging to the same class, if products for which trademark is sought

is different than the Application for trademark shall be allowed.

Section 30 (1) of Trademark Act provides that, the use of a registered trade
mark by any person for the purpose of identifying goods or services as those of
the proprietor provided the use;

 is in accordance with honest practices in industrial or commercial matters. And

 is not such as to take unfair advantage of or be detrimental to the distinctive character


or repute of the trade mark.

Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation Ltd1

 That no law is violated or breached, if the two companies, with two different
products, use the similar Trademark for their products.

 The proprietor of a trademark cannot enjoy a monopoly over the entire class of goods
and, particularly, when he is not using the said trade mark in respect of certain goods
falling under the same class.

1
AIR 2018 SC 3516

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy