Identical trademark refers to the trademark, where the creator of the trademark just copy the similar TM of any other product without any modification.
A trademark cannot get registered if it is identical or similar to any other trademark which has already got registered.Section 11(1) of The Trade Mark Act 1999 clearly provides that a trademark shall not get registered if it is similar to any other trademark and if this happens then there will be confusion regarding the goods or services which are provided by the company.
We generallyconfuseIdentical trademark with similar trademark but there is a minute difference between both, when we talk about the similarity of the trademark whichclearly gives the meaning “deceptively similar” which means the ones closely related to each other which, not identical but has a very minute difference which cannot be differentiated by a common man. Thus the criterion taken up for classification of a trademark wether it is an identical trademark is not difficult.
The Trademark Office considers three factors when the application of trademark gets examined
- All the similarity and difference between the trademarks is considered.
- It brings to the knowledge as how distinctive had already been existing in the mark.
- To what extent the particular goods or services are similar to each other.
Author: This blog is written by Mr. Aman Verma, a passionate blogger & intern at Aapka Consultant.
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