The Samsung Group is a South Korean multinational conglomerate that is headquartered in Samsung Town, Seoul. It is one of the leading companies globally. It comprises numerous affiliated businesses amongst which most are united under the brand of Samsung. It is the largest South Korean chaebol, Samsung Electronics Co. Ltd. One of the faces of South Korean multinational conglomerate Samsung Group, dealing specifically in electronics. It is headquartered in the Yeongtong District of Suwon. Samsung India is a wholly-owned subsidiary of Samsung Electronics which is recognized in its business under the brand name/corporate name SAMSUNG using its trademark where SAMSUNG is engraved in a blue oval device.

A trademark with the name SENTRON (device) having a similar appearance to that of Samsung’s trademark was applied for registration with a user date of July 2013. This mark was applied under Class 7 for machines and machine tools amongst others. To everyone’s surprise, the impugned mark was accepted by the Trademark Registry and got published in Journal No. 2009 on July 19, 2021, without facing any objection from the examiner. Interestingly, Samsung is validly having various trademarks with subsisting registration under Class 7 amongst others.

However, the appearance of Sentron’s mark is very much deceptively similar to Samsung’s. Sentron’s mark consists of the same blue-colored oval device over which the word SENTRON appears. Further, the writing style and manner in which the word SENTRON appears on the blue oval device appears to be deceptively similar to that of Samsung’s trademarks with the oval device. It is undoubtedly something that would make everyone think that Sentron is associated with Samsung in any manner.

Now the question arises: “Whether the use of such deceptively similar device will dilute the distinctive character of the mark SAMSUNG and result in tarnishing and blurring of the distinctive link present between the Samsung and their goods?” Samsung has no doubt acquired a huge reputation and goodwill with respect to consumer electronics and telecommunication goods in Indian markets. However, it has not yet been granted the prestigious status of a well-known trademark in India. Such acceptance and advertisement of Sentron’s device must be a setback for Samsung but hopefully, they will oppose the application and won’t register.

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