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. Can the use of "NATURAGLO" as part of a corporate name amount to infringement?
Answer & Explanation:
According to Section 29(5) of the Trade Marks Act, a registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern dealing in goods or services in respect of which the trade mark is registered. Thus, use of "NATURAGLO" as part of a corporate name amounts to infringement.
Topics: Intellectual Property Law
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