Trademark Opposition in India - Well Known Mark Triumphs Again!

Under the Trademark law opposition to the registration of a mark can be filed on the ground that it is identical or similar to an earlier registered trade mark and also that the goods specification of both the marks are similar or identical. However, in case of honest concurrent use or in case of other special circumstances, the Registrar may permit registration of a similar or identical mark in respect of the similar or identical goods or service. If the goods specification of the impugned mark is different from the registered/unregistered trademark, opposition can be made on the ground that the registered mark is a well-known mark and registration of the impugned mark would cause dilution of the registered mark.