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Trademark already registered can I use one the of the words from it


18-Dec-2023 (In Trademark & Copyright Law)

Suppose a product with the name Rahat Oil is having trademark. Then is it possible to get trademark for Rogan Rahat Oil OR Rahat 555 If no then please let us know the reason for the same and also what can be alternative way to keep name so that name contains "Rahat" word.

Answers (3)

Answer #1
676 votes
Dear Concerned, As per law, you cannot keep a name which is deceptively similar to an earlier trademark. For answer to your further query, the same being thoroughly subjective, you should consult the lawyer personally.
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Advocate Avneesh Garg

Adv. Avneesh Garg

LawRato Delhi | 25+ Answers
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Answer #2
765 votes
You will have to file a fresh Application in case of any variation in the Trade Mark registered. The reason being that the Law says that in case of any variation in the registered Mark, the owner has to file a fresh Application. In case the owner doesn't do so, no right can be claimed subsequently.
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Advocate M Abhijnan

Adv. M Abhijnan

LawRatoDelhi | 5+ Answers
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Answer #3
684 votes
If you intend to use the word "rahat" which means relief in english, then the same is a generic term which usually is not afforded the protection under the Trademarks Act. Any generic word i.e. a word found or used in common usage or a word which describes the quality of a product cannot be protected as a trademark. For example, if you use the word "cold" as a trademark for canned beverages, then the same cannot be registered as a trademark for it being a generic word. If such generic word by some chance gets registered as a trademark, then the same cannot be enforced. However if you combine the generic word with a unique word like you have suggested i.e. Rahat 555 oil or something similar, then the same being a combination of different words can be registered as a trademark. I hope the same answers your question. Do let me know if you have further queries. Regards
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Advocate Shikhar Khare

Adv. Shikhar Khare

LawRatoDelhi | 25+ Answers
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