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Author Topic: Deceptive Trademark Registration allowed in India  (Read 2089 times)

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Offline advarjun

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Deceptive Trademark Registration allowed in India
« on: December 28, 2013, 01:26:02 AM »
Do you know in India Trademark Registration office accepts Deceptive Trademarking, which is absolutely against Consumer protection Act, which states that "CONSUMER IS KING" and under NO circumstances can a consumer be deceived. Yet this practice prevails in India.



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Offline amanthapeterson

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Re: Deceptive Trademark Registration allowed in India
« Reply #1 on: January 14, 2014, 01:02:10 AM »
A registered trade mark is infringed if used in the course of trade by the person other than the registered proprietor or permitted user of trade mark. As far as I am concerned I think Deceptive Trademark Registration is allowed in India.

Offline touqeer

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Re: Deceptive Trademark Registration allowed in India
« Reply #2 on: February 28, 2014, 02:40:43 AM »
Consumers are believe on the improper description of the company. Deceptive marks is mislead for the consumers. Marks which are deceptive can not be protected as trade marks.

Offline Philip1234

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Re: Deceptive Trademark Registration allowed in India
« Reply #3 on: July 17, 2014, 10:34:58 AM »
‘Deceptive similarity’ is one of the vital tribulations that is sought to be resolved by the Trademarks Act, 1999. As per section 2 (h) a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion and mark as per section 2 (m) includes a device, brand, heading, label, ticket, name signature, word, letter, numerical, shape of goods, packaging or, combination of colors or any combination there of,
but in India customer is king , so consumer can't be deceived.

Offline Robinrusewell

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Re: Deceptive Trademark Registration allowed in India
« Reply #4 on: August 01, 2015, 05:27:14 AM »
‘Deceptive similarity’ is one of the vital tribulations that is sought to be resolved by the Trademarks Act, 1999. As per section 2 (h) a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion and mark as per section 2 (m) includes a device, brand, heading, label, ticket, name signature, word, letter, numerical, shape of goods, packaging or, combination of colors or any combination there of.

 

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