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Madras High Court Holds Vernacular Version of Registered Trademark Can Amount to Infringement October 23, 2026
Published in: Alerts
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The Madras High Court has held that the use of a mark in a vernacular language does not, by itself, protect a subsequent user from a claim of trademark infringement where the mark is phonetically and visually similar to an established trademark.
In Vikas Mandoth v. M/s. Shanghai Huanqiu Lock Making Company Ltd. (C.S.(COMM.DIV.) No. 307 of 2025), the Court dismissed applications seeking vacation of an ex-parte injunction against the use of a Tamil-language version of the “GLOBE” trademark for locks and padlocks. Noting the plaintiff’s prior use, reputation and goodwill, as well as inconsistencies in the defendant’s claim of prior use, the Court made the injunction absolute.
The ruling highlights that differences in script or language do not, in themselves, distinguish a mark where phonetic and visual similarities may cause consumer confusion.
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