Abstract

Section 2(1)(h) of the Trademarks Act defines similarity/resemblance as the degree to which two trademarks resemble each other in terms of their appearance, sound, connotion, or commercial impression. This definition provides a comprehensive understanding of the nature of similarity that needs to be considered when evaluating trademarks for potential infringement. However, the determination of similarity is subjective and can depend upon various factors such as the nature of the goods/services, the degree of consumer confusion, and market perception. Thus, the definition provided under Section 2(1)(h) may not be adequate enough to fully capture the nuances and complexities involved in evaluating trademark similarity. In this article it is discussed whether this definition provided under section 2(1)(h) of the Trademarks Act, 1999 is adequate to understand the nature of similarity or resemblance that needs to be considered is an important one, as it has significant implications for trademark registration and infringement purposes. It is important to understand the nature of similarity or resemblance that needs to be considered when assessing the registrability of a mark.

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