Notion of Deceptive Similarity under Trademark Law with Reference to Landmark Cases in India: A Legal Insight​

Neetu B. Shambharkar
LL.B (Gold Medalist) Nagpur University, LL.M in Environmental Law (Gold Medalist), Nagpur University, NET (National Eligibility Test)

Volume III, Issue VI, 2020

Every business or company is known by its goodwill and brand value. This goodwill and brand value acts as its identity. The business gets its identity through trademark. A good quality product and trademark goes hand in hand, attracts consumers and is a source of income. Trademark helps the business to build a reputation of its own for a successful venture ahead. But every coin has two sides. Similarly, trademark on one hand helps the business to form a successful goodwill and on the other hand it is susceptible of being infringed or misused. “Deceptively similar” trademark is one of the ways by which an existing trademark can be infringed or misused. Consumers thus cannot differentiate between a genuine trademark product and a deceptively similar trademark product. As a result, goodwill and reputation of a genuine trademark holder remains at stake and one who deceptively uses that trademark encashes the goodwill of the genuine trademark holder. This research article aims to study the concept of deceptive similarity under the Trade Marks Act in India, its origin, historical background, development and the various landmark judgments on deceptive similarity of trademarks in India.