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ARTICLE · 21 APRIL 2016

Eyes For Infringement

R. K. Dewan & Co
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The principles of trademark law in India permit any trader to adopt a mark that consists of numerals. But are the principles of likelihood of confusion for word marks applicable to numerals as well?

IndiaIntellectual Property
R. K Dewan & Co
R. K Dewan & Co
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The principles of trademark law in India permit any trader to adopt a mark that consists of numerals. But are the principles of likelihood of confusion for word marks applicable to numerals as well? The Delhi High Court had to recently decide on these lines in the case of Mona Aggarwal & Anr vs. Glossy & Piants Pvt. Ltd. & Anr.

In this case the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd, claimed that it had prior use over the mark "1001" because of its adoption since 1946, it was also claimed that the mark was distinctive because of the unique presentation of the number '1001' with the zeroes having eyes. Furthermore, the mark was used in relation to paints, distempers, varnishes, etc. There was a clear disconnect between the mark and the goods (thereby establishing the distinctiveness of the mark).

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