“Ever wondered how your smartphone and your favourite wood finish could share the same name? Meet ‘Xperia’—the star of our little trademark mystery!”

Look at the below images.

The sony phone proudly states its name as Xperia 1 while Sheenlac showcases Xperia as a premium wood finish.

“So, can two businesses just waltz in and pick the same name? Sometimes, yes—but they do have to mind the fine print!”

How? Lets explore together.

To understand this, we need to understand trademark and its types.

Simply put, a trademark is something—a name, logo, or even a colour—that helps people recognize your brand among a sea of similar products. Types are termed as classes in the trademarks act.

Classes exist for a reason: to keep businesses in different sectors from stepping on each other’s toes. There are 45 classes. So, there are 45 different types of goods or services for which trademark can be obtained. Some examples of types (classes) are beverages, chemicals, electronic items etc to name a few.

Class 9 covers things like electronics—your favourite gadgets or fancy headphones. Class 2 covers paints, varnishes, and related products. That is how Sony and Sheenlac are using similar trademarks without confusing the customers or hurting each other’s reputation.

Do note that the marks are similar but not same. So, even though they both spell the same, they are actually different trademarks

Thanks to these distinct classes, confusion among consumers is avoided, and businesses can thrive without accidentally cloning one another’s brand identity.

For further reading in trademarks act: search

• Doctrine of Honest Concurrent use.
• Well-known trade mark.
• Abandoned trademark.