Sadnya. G. Thombray, BVDU, New Law College, Pune
Dr. Salil Shringarpure, BVDU, New Law College, Pune
ABSTRACT
Every business and company is known for its brands and goodwill in the market, this act as the identity through the trademark. Trademark plays a vital role by helping the business to grow its reputation for a successful business venture, but however each coin has its different sides, on one hand trademark helps the business to grow successful in goodwill, and on the other hand it is vulnerable to be infringed or being misusing the existing trademark as a “deceptively similar” trademark. The Deceptive similarity in trademarks is a concept that refers to the similarity between trademarks and brands that can cause confusion among consumers. This occurs when two brands have similar names, logos, or other elements that make them look alike. Deceptive similarity can lead to brand confusion and dilution, as consumers may be unable to distinguish between the two brands, leading to a loss of distinctiveness and recognition of the original brand. This concept is at the heart of trademark law and is used to protect the rights of proprietor of a trademark by preventing competitors from passing off their goods and services as those of another company. The article highlights the importance of deceptive similarity in trademarks, its potential to lead to brand confusion, principals, grounds, and its use in trademark law.
Keywords: Trademark, Deceptive similarity, Distinctiveness, Passing off, infringement
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