Relative grounds

A new chai chain wants to call itself by a name that is one letter away from a well-known Mumbai brand already selling tea. The name is a perfectly good word and no official would call it offensive. The problem is not the mark; the problem is someone else got there first. Section 11 of the Trade Marks Act 1999 is about exactly this: when an earlier right is strong enough to keep a later mark off the Register.

In two minutes

Relative grounds under s.11 refuse a later mark because of an earlier trade mark or earlier right: likelihood of confusion with an earlier mark for identical or similar goods or services, dilution of a well-known mark on dissimilar goods, and marks whose use would be stopped by passing off or copyright.

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