What is meant by deceptively similar mark give an example?
“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.” The concept of deceptive similarity has been widely recognised as a ground for trademark infringement under various trademark regimes.
Can trademarks be similar?
If the goods or services are different, you can legally use the same mark. You also must check where the trademark is registered. However, if you have faced same or highly similar brand being registered in the relevant territory, you can try contacting the owner of the trademark and ask for a permission to use.
How similar is too similar for a trademark?
If there’s a common word or phrase in different trademarks, they might be considered similar, even if there are other letters or words added. If the shared part of different trademarks is the dominant element of the mark, the examiners are more likely to rule for confusion.
What factors will you take into account for determining the deceptively similarity between the two marks in passing off?
The degree of resemblance between the marks, phonetically similar and hence similar in idea. The nature of the goods in respect of which they are used as trade marks. The similarity in the nature, character and performance of the goods of the rival traders.
Is khadi a collective mark?
‘Khadi’ as a Trademark The Government of India wants to promote Khadi as an “Indian Brand” globally. As already mentioned above, KVIC alone can claim the rights and promote the mark as its own. KVIC is a non-trading body established under Khadi and Village Industries Commission Act, 1956.
What is deceptively similar under Patent Act?
Deceptively similar mark has been discussed under Section 2 (h) of the Trademark Act 1999, “A mark is deemed to be deceptively similar to another mark if it so merely resembles that other mark as to be likely to or cause confusion”.
Is my business name too similar?
Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion.
How do you overcome likelihood of confusion Uspto?
4 Ways To Overcome A Likelihood Of Confusion Refusal
- Argue that the marks or goods are different.
- Consent Agreements – agree to coexist with a prior registrant/applicant.
- Argue the prior registration/application is weak.
- Collateral attack – a last resort.
What factor is taken into account in deciding deceptive similarities?
To consider resemblance, as elucidated in Case IV, two important factors are: (a) who are the persons whom the resemblance must be likely to deceive or confuse, and (b) what rules of comparison are to be adopted in judging whether such resemblance exists.
What is inherently distinctive?
An inherently distinctive trademark is a mark that lacks descriptive wording in relation to your goods or services. It’s tempting to choose a name or term that describes a quality or characteristic of your product. An inherently distinctive trademark is a mark that is fanciful, arbitrary or suggestive.
When does a trademark have to be deceptively similar?
According to Section 2 (h) of the Act a trademark must deemed to be deceptively similar to another trademark if it is nearly resembles with the other mark as likely to deceive or cause any confusion in the mind of others.
When is a mark considered a deceptive similarity?
Deceptive Similarity has been described under section 2 (h) of the Trademarks Act, 1999 whereby it is stated that a mark will be considered to be deceptively similar to another mark if there is a close resemblance present between them which would likely cause confusion.
Are there any trademarks that are phonetically similar?
Plaintiff sold cosmetic products under the Lakme trademark and the defendant used the LikeMe trademark for the same class of products. It was held that there was a resemblance between the two words. As it was also stated, the words are also phonetically similar.
Are there any trademarks for hide and seek?
The company had also been selling biscuits under the following brands – “MONACO”, “KRACKJACK” and “HIDE & SEEK” – for which it had secured the statutory recognition of its trademarks under the Trade Marks Act, 1999.