Imitation Game

Trademark Registration is a must for any entity seeking to carry on business. A non-registered mark is protected by common law but the level of protection accorded to such a mark is less than that for a registered mark. A registered trademark protects the proprietor against third parties seeking to ride on the coat tails of its mark. A trademark is infringed not just by use of an identical or deceptively similar mark for goods and services but also when the mark is used as a part of its trade name by another entity.

In Zensar Technologies Ltd. v Zensar Suppliers Pvt. Ltd. the Appellant (Zensar Technologies) is the owner of the well-known mark ‘Zensar’ which has been registered in classes 1-42, except classes 39 and 40. It was argued by RKD's lawyer, representing the Appellant, that the Respondent had used the well-known mark ‘Zensar’ as a part of its corporate name and such use was likely to mislead the consumers into believing that there was a nexus between