BrightGlow Cosmetics Pvt. Ltd. has been making and selling herbal cosmetic products under the brand name "NATURAGLOW" since 2015. They have registered this name under the Trade Marks Act, 1999 for their cosmetic products

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · June 2026
BrightGlow Cosmetics Pvt. Ltd. has been making and selling herbal cosmetic products under the brand name "NATURAGLOW" since 2015. They have registered this name under the Trade Marks Act, 1999 for their cosmetic products. Over the years, they have spent a lot of money on advertising and their brand has become well-known and popular among customers. In 2023, another company called NaturalGlow Herbals Pvt. Ltd. started selling similar cosmetic products using the mark "NATURAGLO". They also copied the same colour combination and packaging style. BrightGlow claims that the new mark is very similar to their own and will confuse customers. They also say that NaturalGlow is violating their trademark by using a similar name in their company. NaturalGlow defended itself by arguing that the words "Natura" and "Glow" are common words used in the cosmetics industry and cannot be owned by one company. They also said that there was no real chance of confusion among buyers. Meanwhile, BrightGlow applied for registration of a new logo. The Registrar raised objections under Section 9 on the ground that the mark lacked distinctiveness. However, the mark was later advertised. Within the prescribed period, a third party filed a notice of opposition against the registration. BrightGlow has now filed a suit for infringement and passing off against NaturalGlow. Based on above facts, answer the following questions with legal provision in reference to Trade Marks Act, 1999. If the marks and goods are identical, what presumption will the Court make regarding confusion?

Answer & Explanation:

In the case of Renaissance Hotel Holdings Inc. vs. B. Vijaya Sai and Ors. , the Hon'ble Supreme Court of India observed that under Section 29(3), where the defendant's mark is identical to the registered trademark; and the goods or services are identical, the Court shall presume that such use is likely to cause confusion on the part of the public. In such cases, actual proof of confusion is not required.

Topics: Intellectual Property Law

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