What To Do If Your Trademark Gets Objected?

Can a common word like “Diamond” be protected as a trademark? What happens if a competitor adds another word, like “Green,” and registers it? Can you still stop them?

These were the questions before the Supreme Court of India in the recent case of Diamond Modular Pvt. Ltd. v. Yash Arora (Siddhi Vinayak Traders), where the Court has particularly ordered the cancellation of the trademark of “Green Diamond”.

This particular judgment is a strong reminder to all type of businesses that:

• Even common words can become exclusive trademarks if used for decades.
• Deceptively similar marks will not be allowed.
• Dishonest adoption by distributors, agents, or competitors can be legally challenged.

The Green Diamond Dispute: When a Distributor Turns Competitor?

• What happens if your distributor copies your brand?
• It is seen in the scenario repeatedly, that the ex-distributors or employees register deceptively similar marks. Courts take such cases seriously because the adoption is rarely innocent.

The Legal Questions That Shaped the Case

• Can “Diamond” become your exclusive brand?
• It is often explained to clients that distinctiveness is not about how rare a word is, it’s about whether the public associates it with your goods.

What the Petitioner Argued and Why It Worked?

• Why long-term brand use is your strongest weapon in court?
• Evidence of sales, advertising, and consumer recognition usually decides the case. Clients who keep records of their branding efforts are always at an advantage.

How the Respondent Defended and Why It Failed?

• Can adding one word save a copied brand?
• Clients often ask if adding a prefix like “Green,” “Super,” or “Best” makes a mark safe. The answer is no, the courts look at the dominant feature, not the decorative add-ons.

The Supreme Court’s Analysis: Lessons for Business Owners

• What test does the Court apply to check deceptive similarity?
• The Court applies the “imperfect recollection test”, how a normal buyer recalls your brand in the market. This is something we always emphasize when advising clients to avoid risky brand names.

Case Laws That Still Guide Today’s Disputes

It is advised to regularly rely on precedents like 

• Mahindra & Mahindra Ltd. v. Mahindra & Mahindra Paper Mills Ltd. (2002): Even surnames or common words can gain trademark protection through long-term use.
• Dr. Reddy’s Laboratories Ltd. v. Reddy Pharmaceuticals Ltd. (2004): Even partial similarity can lead to infringement if confusion is likely.
• Amritdhara Pharmacy v. Satya Deo Gupta (1963): Courts look at the mark as a whole, not in parts.
• Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd. (2001): Consumer confusion must be prevented, especially in sectors affecting public interest.

The Final Judgment: What the Court Ordered

• Why the Supreme Court cancelled Green Diamond
• The Court clearly noticed the bad faith in the adoption of the respondent. In practice, when we handle such cases, this element of “dishonesty” often tips the scales in favour of cancellation.

Why This Case Matters for Your Business?

• What can you learn from the Green Diamond ruling?
• This ruling reassures clients that Indian law protects genuine brands. If you have built your goodwill honestly, the courts will not allow imitators to piggyback on it.

Practical Advice: From a Trademark Lawyer’s Desk

How can you protect your trademark from copycats?

• Register early and in multiple classes. Don’t delay; unregistered rights are harder to enforce.
• Keep your paperwork safe. Invoices, ad campaigns, and promotional spends become evidence.
• Monitor the registry. We advise clients to keep an eye out for deceptively similar filings.
• Take quick action. The faster you object or file for rectification, the stronger your case.
• Get professional help. Courts and registries demand proper pleadings; experienced lawyers make the difference.

Many clients come only after years of infringement. By then, evidence is scattered, and delay weakens the case. Acting promptly often prevents years of litigation.

Conclusion 

The Green Diamond cancellation case particularly portrays that the law is on the favour of genuine brand owners. Even if your brand name contains common words, decades of use and consumer recognition can give you exclusive rights.

Do not wait until damage is done. How early one act, the easier it becomes to protect their own trademark. Should you feel that your trademark is being copied or misused, instantly take the matter to an experienced trademark attorney. Having a solid legal plan to protect your brand also prevents loss in the long run.  

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Can I cancel a trademark if it has not been used for years?

Yes. If a registered trademark has not been used for five years and three months, you can file for cancellation on the ground of non-use.

2. Is it costly to file a trademark cancellation petition in India?

Official fees are not too high; however, the lawyers’ fees can be calculated in accordance with the complexity of the case, the evidence which might be needed, and in the event the case is said in the court. 

3. Does the Supreme Court directly hear trademark cancellation cases?

Not always. Most cases begin at the Trademark Registry or High Courts. The Supreme Court usually hears appeals or significant cases involving principles of law.

4. What evidence is most important in proving trademark distinctiveness?

Invoices, sales turnover, advertising spend, consumer surveys, promotional campaigns, and trademark registrations across classes are strong forms of evidence.