Deceptive Similarity of Trade Marks in India

Abstract

Legal protections for trademarks are doctrinally justified by the need to prevent consumer confusion, which potentially disadvantages both individuals who are tricked by confusing or deceptive trademarks into purchasing goods and services other than those they intended to procure, and the providers of goods and services who lose sales when consumers are confused or deceived. Alternatively phrased, deceptive similarity of trademarks occurs when one party adopts a trademark that is the same as or is so similar to an existing mark that, when it is applied to the second user’s goods or services, the purchasing public is likely to be confused, mistaken, or deceived about the source of goods or services themselves, or about the relationship between the parties that make the goods or provide the services. Referentially compressed into the term “deceptive similarity,” this concept is the touchstone of trademark infringement and passing off actions.