in Intellectual Property Law
Asked October 22, 2021


  • 1 Answer

I've been taking suggestions to come up with a trademark name for my company's product. I would like to know how similar the name I come up with can be to a famous company. For example, if I name something as 'Kadbury' or 'Adidaz', would it be valid?

Answer 1

Similar and identical trademarks are handled on a case-to-case basis by the Registrar of Trademarks. The key points that will be considered are whether there is honest concurrent use and whether confusion could be caused due to the identical name. If the use is found to be honest, concurrent and not interfering with a similar already existing trademarks, the new trademark will be granted. For example, like you've mentioned, 'Kadbury' will not be provided a trademark if your company is one that is involved in confectionery, because 'Cadbury' already exists. However, if your company is one that is involved in something entirely different, there is a good chance the trademark will be granted.

Agree Comment 0 Agrees about 1 month ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.