How to use Well-Known Trademarks in India

• Reason: Opposition can be filed if the trademark is identical or similar to a well-known trademark, even if the goods or services differ. • Example: If a small Indian business tries to trademark "Nikee" for apparel, Nike Inc. could oppose it, even though the mark is being applied to a different class of products. • Solution: Defending against opposition from a well-known brand is challenging. It’s often better to withdraw such applications and choose a unique brand name. 5. Geographical Indications • Reason: Opposition may arise if the trademark includes geographical names that mislead consumers about the origin of the product. • Example: If someone tries to register "Darjeeling Tea" for a tea brand that does not originate from Darjeeling, the trademark would likely be opposed. • Solution: In such cases, a settlement through modification of the application (e.g., disclaiming the geographical term) could resolve the opposition.

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