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Showing contexts for: earlier trademarks in Agatha Christie Limited vs Registrar Of Trade Marks on 8 December, 2021Matching Fragments
(ix) the mark consists exclusively of the shape of goods which is necessary to obtain a technical result [Section 9(3)(b)],
(x) the mark consists exclusively of the shape which gives substantial value to the goods [Section 9(3)(c)],
(xi) the mark is such that, because of its identity or similarity with an earlier trademark and the goods or services covered by such earlier mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark. [Section 11(1)],
(xii) the mark is identical or similar to an earlier trademark, but is to be registered into goods or services which are not similar to the goods or services for which the earlier trademark is registered, if the earlier trademark is a well-known trademark in India within the meaning of Section 2(1)(zg), and the use of the mark of which registration is sought would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier trademark [Section 11(2)],