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ARTICLE · 07 JULY 2022

Can You Trademark Translations?

India is a multi-lingual country with over 19,500 languages and dialects spoken across the nation.

IndiaIntellectual Property

Introduction

India is a multi-lingual country with over 19,500 languages and dialects spoken across the nation. The Constitution of India recognised 22 official languages. In a country so rich in languages, it is natural for establishments to register their brand names or marks in their regional language or in the language familiar by their target market. An issue however arises when two businesses dealing with similar or identical goods or services have trademarks that are translations of the same word in different languages. For instance, a feud arose between Hindustan Unilever (HUL) and TG Balaji Chettiar 1 for their soaps with trademarks representing the sun. HUL had trademarked 'Sunlight' whereas Balaji Chettiar had trademarked the Tamil word 'Surian meaning sun. Since both marks essentially represented the sun, the Court held that use of 'Surian' was deceptively similar and was bound to create confusion amongst consumers.

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