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Trademark Registration Query – Name Similarity Issue
14-Feb-2025 (In Trademark & Copyright Law)
"I want to register a trademark under Class 3, but a similar name is already registered. Will adding a personal identifier (e.g., 'by Priya') make it distinctive enough to avoid objections? What is the best approach to ensure approval?"
Well, a Distinctive approach by adding Personal Identifier as Suffix to your Trademark Name will certainly help you and as such, you can become successful in getting such a Trademark registered under the concerned provisions of law.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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If an exactly similar name exists in the same category and if it is registered as a WORDMARK then the chances of registration is negligible, however if it is registered as a DEVICE (logo) then you can get the registration done with proper legal strategy under the trade mark laws. Please note adding the personal identifier is usually not acceptable under trade mark laws however it purely depends upon the period of usage of the brand name prior to application and the recognition and acceptance of the brand name by the consumers in the market.
We specialise in the Trade Mark matters, you can get in touch with us to strategise legally.
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Adv. Imran Asgar Sayed
Mumbai | 25+ Answers
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if a similar trademark already exists under the same class adding a personal identifier might help to differentiate your mark but it doesn't guarantee the trademark will be approved. The main issue will be whether the combination is still confusingly similar to the existing trademark. for approval you may do trademark search,complete unique name,check for descriptive words,use logo or design elements.
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Adv. Jayant Acharekar
Mumbai | 25+ Answers
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