Trademark

Trademark

A mark shall not be considered a valid trademark nor registered if it is identical or confusingly similar to a previously registered mark or one for which an application has already been filed. The Intellectual Property Office must refuse registration of a trademark if it bears similarity to another existing mark—even if the registration numbers differ.

The reasoning is that similarity alone may mislead an average consumer and prevent them from distinguishing between the two marks; the registration number alone is insufficient to eliminate confusion.

Supreme Court
Appeal No. 193/2009 – Commercial – Session dated 11/11/2009