Designs FAQs

Can a registered design and a trade mark protect the same shape?

In some cases, yes. The Delhi High Court’s Full Bench held in Carlsberg Breweries v. Som Distilleries (2018) that the owner of a registered design can also sue for passing off where the shape functions as a trade mark, identifying the source of the goods.

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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