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Deceptive similarity in trademark law refers to the likelihood of consumer confusion between two trademarks that are not identical but resemble each other closely.

This article delves into the intricate concept of 'deceptive similarity' under trademarks law, exploring its nuances and implications in the protection of intellectual property. 'Deceptive similarity' is a pivotal criterion in determining trademark infringement and plays a crucial role in safeguarding consumers from confusion. Through an in-depth analysis of legal principles, case law, and ...

The fundamental elements when considering deceptive similarity are the nature of the trade mark and the type of goods or services for which registration is sought. In (1961) 109 CLR 407, Windeyer J stated the considerations for determining whether two trade marks are deceptively similar: The issue is not abstract similarity, but deceptive ...

Conclusion Deceptive Similarity as a ground for refusal of trademark registration is the most important feature of the Act, along with other supplementary provisions covered under the purview of Deceptive Similarity. As already discussed, proof of intention to show Deceptive Similarity is irrelevant.

Deceptive similarity to the trademark is one of the critical or common grounds on which the trademark application is objected. A deceptively similar mark has been discussed under Section 2 (h) of the Trademark Act 1999, “ A mark is deemed to be deceptively similar to another mark if it so merely resembles that other mark as to be likely to or ...

Landmark Judicial Decisions On Deceptive Similarity 1) Starbucks Corporation vs Sardarbuksh Coffee and Co. & Ors. In this case, the plaintiff possessed the registered trademark "STARBUCKS".

Deceptive similarity in trademark law refers to a situation where one trademark closely resembles another, creating a likelihood of misleading or confusing the public.

The concept of deceptive similarity has been elaborately discussed in the Trade Marks Act, 1999 (hereinafter ‘Act’)under Section 2 (h) which states that, “A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion.” Section 11 (1) (a) of the Act, which states the relative grounds for refusal ...

DOCTRINE OF DECEPTIVE SIMILARITY Traditionally, likelihood of confusion as to the origin of a good or service was the only ground that resulted in infringement of the trademark. But as gradually the businesses evolved, there were some other grounds or factors also that caused infringement of one’s trademark and so a need was felt to have a wider approach when it comes to trademark protection ...

Despite the similarity in the name or logo, what is an important criterion for holding something deceptively similar is the industry or the consumer base in which both the businesses function.

SCOPE OF DECEPTIVE SIMILARITY For purposes of interpretation and application, Section 2(h) of the Act defines deceptively similar as follows: "Deceptively similarity" is defined in Section 2(h). A mark is deceptively similar to another mark if it resembles that other mark so closely that it is likely to deceive or cause misunderstanding.

Definition of Deceptively similar Trademark As per Sec 2 (h) of Trademark Act, 1999- “Deceptively similar”- A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; Interpretation and Scope of ‘Deceptively Similar’ The concept of trademark infringement basically arises from the necessity to ...

The Deceptive similarity in trademarks is a concept that refers to the similarity between trademarks and brands that can cause confusion among consumers. This occurs when two brands have similar names, logos, or other elements that make them look alike.

Here’s a detailed look at what this doctrine entails: Key Aspects of “Deceptively Similar” Likelihood of Confusion: The central test for determining deceptive similarity is whether the average consumer is likely to be confused about the origin of the goods or services because of the similarity between the marks.

Section 2 (h) of the Trademark Act 1999 states that a trademark is considered deceptively similar to another trademark if it simply resembles that other trademark and is likely to cause confusion. CRITERIA FOR DETERMINING DECEPTIVE SIMILARITY Nature of the mark The level of likeness between marks, phonetic or visual, or similarity in idea

Deceptive similarity leads to unfair advantage and unfair competition as the buyers feel that there is a commercial connection between the marks. Hence strict application of the provisions governing deceptive similarity should be done by the courts.

The concept of deceptive similarity can apply in cases involving non-traditional trademarks, such as colours or sounds, albeit with some differences in evaluation. In such cases, factors like visual and auditory resemblance, consumer perception, and the overall commercial context are considered to determine deceptive similarity.

A “Deceptively similar” trademark is a concept which can be understood as the trademark created, almost similar or a look-alike of an already in existence trademark in order to deceive and create confuse among the customers. This concept of deceptive similarity has been discussed in The Trade Marks Act, 1999. According to Section 2 (h) of the Act a trademark must deemed to be deceptively ...

In this article we will discuss the deceptive similarity in trademark. Section 2 (1) (h) of The Indian Trademark Act, 1999 defines what is deceptively similar?.