Paypal Legally Opposes Paytm For Registering ‘Deceptively Similar’ Trademark

In a questionable coincidence, PayPal has filed for trademark opposition on the very last day of expiry of the said period, i.e. on November 18th, 2016.

Paypal Legally Opposes Paytm For Registering ‘Deceptively Similar’ Trademark

While PayTm is filing its pockets with demonetisation in the country, it has landed in trouble with its trademark because of its contender PayPal. PayPal has opposed the registration of Paytm’s trademark on numerous grounds.

In a filing to Registrar of Companies, PayPal contended that “the impugned trademark is deceptively and confusingly similar to the opponent’s earlier trademark inasmuch as the applicant has slavishly adopted the two-tone blue colour scheme of the opponent in its entirety.”




It further states that the Paytm’s trademark possesses similar colour scheme, which is likely to cause confusion and deception among the consumers. It further says that the “use of the impugned trademark is likely to dilute the brand equity of the opponent’s earlier trade mark.”

The interesting point to note here is that Paytm’s trademark application was at the final step of registration and was advertised on July 18 2016 for acceptance, which marked the beginning of the statutory period of 4 months within which said trademark could be opposed.

In a questionable coincidence, PayPal has filed for trademark opposition on the very last day of expiry of the said period, i.e. on November 18th, 2016.

A Patent Attorney and International Business Lawyer, Rahul Dev, in his
Linkedin post
said that this coincidence is a bit too easy. He says, “Considering the above dates, it is difficult to digest that a leading global brand (with a battery of trademark lawyers worldwide) like PayPal waited till the very last day to file for trademark opposition.”

It is a wait and watch situation to find the reason and the upcoming step by the digital wallet market leaders.



This isn't the first time a trademark issue has been filed this year. In March this year, Palo Alto-based design and decor company Houzz sent a legal notice to Bengaluru-based Houzify, claiming “deceptive similarity” between the trademark Houzz and Houzify/Housify.

Ecommerce leader Flipkart was also embroiled in one such case. In April this year, Flipkart filed a case against a “copycat” firm Flipkart Discounts, a Madhya Pradesh-based company which was providing several discount listings on its site. The ecommerce major accused the dubious site for copyright and trademark infringement.

Earlier, Zomato (formerly named as Foodiebay) landed in trouble when eBay initiated trademark opposition proceedings against Foodiebay. Those proceedings never reached next step after initial phase, as Zomato rebranded itself within days of filing of trademark opposition by ebay.

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