Demystifying the concept of Deceptive Similarity under Trade Mark Law

  • Navanitha. A. Warrier
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  • Navanitha. A. Warrier

    Research Scholar at Amity University Mumbai, India.

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Abstract

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.

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Article

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International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 1103 - 1109

DOI: https://doij.org/10.10000/IJLMH.113711

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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