Goyal Ltd. has registered its logo, a stylized "T", without specifying any color limitations whereas, Royal Ltd. has registered its logo, a stylized "S" with a specific color combination — green and white. Discuss whethe

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2025
Goyal Ltd. has registered its logo, a stylized "T", without specifying any color limitations whereas, Royal Ltd. has registered its logo, a stylized "S" with a specific color combination — green and white. Discuss whether there is any limitation as to colour as per Section 10 of the Trade Marks Act, 1999?

Answer & Explanation:

Section 10 of the Trade Marks Act, 1999 provides that a trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the Registrar or the High Court, as the case may be having to decide on the distinctive character of the trade mark. So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. Goyal Ltd. logo is deemed to be registered for all colors. It can use its logo in any colour without infringing on its own trademark rights. In case of Royal Ltd., this limitation to specific colors will be considered by the Registrar or the High Court when deciding on the distinctive character of the trade mark. If another company tries to use a similar logo in the same color combination, it could be considered an infringement of its trademark.

Topics: Trade Marks Act, 1999

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