Section 11 of the Trademark Act is a relative ground for refusal of registration, it prohibits the registration of a trademark –

  • If the mark due to its identity and similarity causes a likelihood of confusion on part of the public, which includes the likelihood of association with the earlier trademark.
  • If the mark is identical or similar to a well-known trademark in India and use of the later mark without due cause would take unfair advantage of or may be detrimental to the distinctive character or repute of the well-known trademark
  • If the trademark due to its use in India is liable to be prevented by the law of passing off protecting an unregistered trademark used in the course of trade or by virtue of the law of copyrights.