Tag Archives: Relative Grounds for Refusal of registration of Trademark

Section 11 of the Act deals with the comparison between later marks and earlier marks. The Sections relevant to examination and searching are 11(1) and 11(2). Section 11(1) reads as follows: 1) “Save as provided in section 12, a trade mark shall not be registered if, because of- (a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or (b) its similarity to an earlier trade mark and the identity or similarity of the goods  or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.” This section is concerned with examination for conflicting marks where the marks are identical or similar and the goods or services covered by the trade mark are either identical or similar. Because of these there exists a likelihood of confusion on the part of the public including likelihood of association with the earlier trade mark. The ECJ in its judgment in the LTJ Diffusion SA v. Sadas Vertbaudet SA case said that “ a sign is identical with the trade mark where it reproduces, without any modification or addition, all the elements constituting the trade mark or where, viewed as a whole, it contains differences so insignificant that they may go unnoticed by an average consumer.”