A Study Of Visual And Phonetic Similarity Of Trade Mark In India

Adv. Arjun Gupta

ABSTRACT

In today’s contemporary world, a consumers’ purchasing decisions are always established on the basis of a particular trademark, the reputation of that brand and what it represents. A particular and idiosyncratic brand or logo deliver both emotional and intellectual peculiarity about the company, reliability, its products and its services. Trademarks or brands are an effective commercial way of communication that attracts consumer attention by making the company, goods and services step apart. Customers who see a trademark instantly know who they are dealing with, the credibility of your brand, and are less likely to search for alternatives. Therefore that brand might be a key driver of the customer's buying preference. Trademarks offer meaning beyond the core demographic. Trademarks will pave the way for expansion from one industry to another, such as from personal care to apparel or eyewear. If people plan to do so, the trademark can enhance the impact of the enterprise by a larger corporation. It is thus every essential that every trademark is unique and hasa cardinal contribution in the formulation of such identity and helps in the development of profit, because if a product is good and has a trademark, nothing else can stop it from controlling the sector.

Therefore where the trademark expedites its identity, it become more vulnerable of being contravened or infringed by other competitors. One of the most common yet substandard way of infringing a trademark is by creating a visually or phonetically akin trademark. Doing this not only confuses the buyers but also causes economic loss and denigrating of reputation to the trademark owner.

Through this paper, I aim to discuss the concept of visual, phonetic and deceptive similarity in India and how it has been surmised by the courts. I will also discuss the origin, meaning and evolution of trade mark in India and USA. The paper provides an analysis of the various approaches used for similarity assessments and their overlapping trademark variables.

Keywords: similarity, infringement, trademark.