Demystifying the concept of Deceptive Similarity under Trade Mark Law

The term Trade Mark can be attributed as a mark that differentiates the goods and services of one person from that of others. A trademark can be held to be deceptively similar to another mark if it creates any kind of confusion in the mind of consumers of the goods and services. The act does not lay down the parameters that are to be taken into consideration while determining the question of deceptive similarity The present article analyses the concept of deceptive similarity, through various decisions of the courts. The factors which are to be taken into consideration, while determining the question of deceptive similarity are identified.