• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Concept Of ‘Deceptive Similarity’ Under Trademarks Law

Latest News

Back

Concept Of ‘Deceptive Similarity’ Under Trademarks Law

Courtesy/By: Tejaswini sinha  |  11 Oct 2019     Views:17057

"Deceptive similar" is referred to as those trade marks who are similar or a look alike to an existing trade mark to deceive or to cause confusion to the consumers.
According to section 2(h)of the trade marks act,1999 "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."
 
 In simple words, deceptive similarity can also be defined as similarity between the trademarks which can likely deceive the general public of average intellect to believe that the mark in question is in some way or the other linked to the registered or a well-known trademark.
 
According to the various judgments given by the supreme court and high court there are several conditions which needs to be considered for Deceptive similar marks:
1.Principle of phonetic and visual similarity.
2. Rule of entirety
3.Test of likelihood and confusion 4.Goodwill 
 
For instance, a famous case of Starbucks V. Sardarbaksh-
As Starbucks is a very famous brand which is recognized globally and has chain all over the world.It would be really unfair on Starbucks if such a trademark is allowed.
As sardarkbaksh has already opened it's five outlets in delhi.It will have to pull out and change it to Sardarji-buksh and make it distinct from the trademark of starbucks as per an interim order of Delhi high court.
 
However the act does not give any criteria or conditions for "Deceptive similarity" there are some guidelines and principles which needs to be followed or considered in matters of Deceptive similarity.
 
In another case:-
 
Cadila Health Care Ltd. v. Cadila Pharmaceutical Ltd.
 
In this case the parties were the successor of Cadilla group.The dispute arose on selling of medicines by the defendant's named "FALCITAB"
which was similar to medicines sold by the plaintiff's "FALCIGO".
Both the drugs were used to cure the same disease and hence, the contention was that the defendant's brand name is creating confusion between the consumers. Injunction was demanded by the plaintiff. As a defense, the defendant claimed that the prefix "Falci" has been derived from the name of the disease, i.e., Falcipharam malaria.
 
In addition to this, the defendants also claimed that the products in question were Schedule L drugs which can be sold only to the hospitals and clinics only and therefore there could not even be a remote chance of confusion and deception as the drug dealers and medical practioners are experts in the field to distinguish between diverse drugs.
The lower court’s judgment favoured the defendant on the ground that the two products in question differed in appearance, preparation formula and price and in addition to these, could be sold only to hospitals and institutions and there was no chance of deception or/of confusion specially as the drug was not meant to be sold to any individual.
 
The Court observed that although both the drugs are sold under prescription but this fact alone is not sufficient to prevent confusion which is otherwise likely to occur. In view of the varying infrastructure for supervision of physicians and pharmacists of medical profession in our country due to linguistic, urban, semi-urban and rural divide across the country and with high degree of possibility of even accidental negligence, strict measures to prevent any confusion arising from similarity of marks among medicines are required to be taken. The Court also observed that the purchaser of such goods in India who may have absolutely no knowledge of English language or of the language in which the trade mark is written and to whom different words with slight difference in spellings may sound phonetically the same. 

Courtesy/By: Tejaswini sinha  |  11 Oct 2019     Views:17057

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:5994
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5418
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5398
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5189
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5214
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:4861
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5245
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5235
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5353
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5538
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5244
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5219
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5171
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5289
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5247
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5572
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5400
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6238
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5364
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5707
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5608
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:5799
World Health Assembly Revises International Health...
21 Jul 2024     Views:5650
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5764
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5551
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:8936
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7481
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7522
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7319
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8275
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7620
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6161
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:6935
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6199
Exploring the Differences between the US and India...
29 Jun 2023     Views:6205
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6451
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6153
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6133
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6181
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6147
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6505
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6003
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6031
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6477
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6674
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6250
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6687
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8659
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6685
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6347
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:11990
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6068
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:6920
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6496
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6198
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6431
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6071
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6521
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6194
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6640
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:6853
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7080
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:10971
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6290
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6156
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7283
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6003
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6017
Scope of Section 151 CPC...
13 May 2023     Views:7595
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6543
Scope of Decree under CPC...
10 May 2023     Views:6094
Legal development of Arbitration Laws in India....
09 May 2023     Views:6138
Arbitration Laws in India...
07 May 2023     Views:6084
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8185
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6364
Same-Sex Marriage in India...
30 Apr 2023     Views:6006
National Commission for Women...
27 Apr 2023     Views:5857
Law making process of India....
26 Apr 2023     Views:6945
Bail Provisions in India...
25 Apr 2023     Views:5881
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6296
Contempt of Court...
23 Apr 2023     Views:6136
The collegium system of Judiciary in India....
22 Apr 2023     Views:5821
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:5819
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:5979
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8411
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7020
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6102
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:5815
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6023
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5589
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:5808
Law should take into consideration realities of co...
10 Apr 2023     Views:5640
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6239
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6358
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6086
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6564
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:5868
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6006
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6593
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:6332
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96317
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:73888
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71303
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70439
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:59802
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.