Court Case Bulletin (CCB):  Minimal Addition Of Words In Usage Doesn’t Affect The Phonetic Similarity Of Two Marks - ALG India Law Offices LLP (2024)

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Court Case Bulletin (CCB):  Minimal Addition Of Words In Usage Doesn’t Affect The Phonetic Similarity Of Two Marks - ALG India Law Offices LLP (2024)

FAQs

What is the doctrine of deceptive similarity? ›

Section 2(1)(h) of the Trade Marks Act, 1999 defines the word “deceptively similar” as “A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion”.

What is phonetic similarity in trademark infringement? ›

Phonetic similarity relates to the similarity in sound or pronunciation between two trademarks. This aspect considers how the marks are spoken or pronounced, rather than their visual appearance. It assesses whether the oral representation of the marks could create confusion among consumers.

What is honest concurrent use? ›

An Honest Concurrent use of a Trademark is when two different entities have coexisted for a considerable amount of time while truthfully using the same or a strikingly similar depiction of the same registered name or mark, this is known as an Honest Concurrent Use of a Trademark.

What is phonetic similarity? ›

Phonetic similarity in trademark law refers to the degree of resemblance between two or more trademarks in their pronunciation or sound. This includes elements such as the spelling, pronunciation, and cadence of the trademarks that are likely to be noticed by consumers.

Can you trademark combination of words? ›

This isn't easy to do, but it can work. Just remember that “if each component retains its descriptive significance in relation to the goods or services, the combination results in a composite that is itself descriptive.” Therefore, you still need a distinctive element in your mark, to avoid a descriptiveness refusal.

Can similar words be trademarked? ›

While a generic term cannot become a trademark, a trademark can become generic. Ironically, the more successful the trademark owner, the more likely it is that a trademark will become generic, causing the trademark owner to lose its exclusive right to use and protect the trademark.

Is mere phonetic similarity not sufficient to constitute infringement? ›

In the case of FDC Limited Vs. Faraway Foods Pvt. Ltd., the Delhi High Court, on February 10, 2021, held that the mark 'MUMUM' does not infringe the plaintiff's mark 'MUMMUM' and therefore, refused interim injunction in favour of the plaintiff.

What is a deceptive trademark? ›

A deceptive trademark is a type of trademark that is likely to mislead or deceive consumers about the nature, quality, or origin of the goods or services being offered. Deceptive trademarks are not eligible for trademark protection under the law.

What is conceptual similarity in trademark? ›

Trade marks are considered conceptually identical or similar when the public perceives the two signs as having the same or a similar semantic content. Conceptual similarity is also possible between word signs in different languages or between word and figurative signs.

What is the difference between identical and similar trademarks? ›

Similar trademarks are those marks that are easily mistaken with another already existing mark. The word similar here is to be understood as deceptively identical. This means the mark that is so resembling of another that it is likely to confuse or deceive the average consumer.

What does "service mark" mean? ›

A service mark is a brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design, or some combination of these elements.

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