Bombay High Court (IPD) stopped a Mumbai restaurant from trading as “Social Tribe” because it wholly adopted the registered mark SOCIAL, offered identical services in
A Section 11(1) objection isn’t a dead end. If you can show market separation, distinct channels, consumer sophistication, and – critically peaceful co-existence (in India
Peaceful global co-existence and long, well-documented foreign use can unlock two powerful levers when Examiners raise Section 11 objections: (1) ask for “advertisement before acceptance”
Indian courts especially the Bombay High Court’s IP Division are telling Examiners and Registrars to show their work. Bare-bones refusals under Section 11 or Section