How Does The Indian Judiciary Interpret 'Likelihood Of Confusion' In Trademark Cases?

Anushka Saha, KIIT School of Law, Bhubaneswar

ABSTRACT

The concept of 'likelihood of confusion' is pivotal in trademark law, serving as a crucial standard for adjudicating disputes over trademark registration and infringement. In the Indian judiciary, the interpretation of 'likelihood of confusion' in trademark cases is a critical aspect of intellectual property law, ensuring the protection of brands and consumers alike. The courts have established a nuanced approach to determine whether a trademark is likely to deceive or cause confusion among the public, which is a key factor in deciding the registration of a trademark. The burden of proof rests on the applicant to demonstrate that their proposed trademark does not infringe upon the existing trademarks and will not mislead the public. The Registrar's role is to assess the circumstances of each case to ascertain the potential for deception or confusion. This assessment is not limited to a mere side-by-side comparison of the marks in question but extends to understanding the perception of an average person with ordinary intelligence and their likely association with the mark.

By exploring the evidentiary burden on the parties involved and considering the impact of globalisation on trademark disputes, the research aims to provide valuable insights into the likelihood of confusion, how different dilution is from the concept of likelihood of confusion, comparison with other jurisprudence, current practices, recommendations and suggest improvements to enhance the clarity and predictability of trademark law in India.

Keywords: TradeMarks, Likelihood of Confusion, Indian Courts, Trade Marks Act, 1999, Dilution, International Jurisprudence, Remedies