Trademark which are likely to create confusion in case of similar goods – A trademark shall not be registered if there exists likelihood of confusion on the part of the public because of the following factors:

• It’s identity with the earlier trademark and similarity of goods or services covered by trademark;
• It’s similarity to an earlier trademark and the identity of goods or services covered by trademark.

Dissimilar goods but trademark already registered - trademark which is identical with or similar to an earlier trademark, but in respect of goods or services which are not similar to those for which earlier trademark is already registered with different proprietor, shall not be registered, if the extent of earlier trademark is a well known trademark in India and the use of latter mark (which is proposed to be registered) could take unfair advantage of the earlier trademark.

A well known trade mark in relation to any goods and services means a mark which has become so popular among the public which uses such goods or services such that the use of such mark in relation to other goods or service would be likely to be taken as indicating a connection between the goods & services and the first mentioned goods or services.

Thus in case of dissimilar goods with identical or similar trademark will not be registered if earlier trademark is well known trademark in India and use of mark proposed to be registered could be unfair or detrimental to the proprietors of well known trademark.

Validity period of trademark - Registration of trademark is valid for 10 years. However, it can be renewed from time to time.