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News article21 March 2022

India´s Supreme court clarifies the likelihood of confusion

A recent case of Trademark enforcement between an American operator and a local Indian undertaking was appealed up to the Supreme Court.

The case lied in the interpretation of the likelihood of confusion between two similar signs in the same classes.

The Supreme Court published a decision focusing on the various criteria to be taken into account when analysing such aledged infringements, and clarifying that a trademark does not necessarily need to be renowned in order to assess the infringement.

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Publication date
21 March 2022