Durga As A Trademark And Trademark Registration For Mark Opposed For Passing-Off

Can Durga be registered for socks Durga being the name of the owner of the trademark? The second question is an application for registration of the mark like me for face cream and opposed by Lakme on the ground of passing off.

Answer (1)

Saachi Khurana

Saachi Khurana

  • Sector-1, Noida

Yes Durga can be applied for Trademark but the availability has to be checked that whether we can get the registration under the required class. As per Section 27(2) of the Act, action of passing off is a common law remedy and registration of the trade mark is not relevant as under the action of passing off, utmost weightage is given to the user who has adopted the mark earlier in time, irrespective of registration of the mark.

Answered on 28 Mar 2020


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