Criteria of Registrar and Courts for Deciding Similarity/Deceptively Similarity for Trademark - PowerPoint PPT Presentation

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Criteria of Registrar and Courts for Deciding Similarity/Deceptively Similarity for Trademark

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Title: Criteria of Registrar and Courts for Deciding Similarity/Deceptively Similarity for Trademark


1
Trademark Registration in India SunbrioFor
more details visit _at_
  • https//www.sunbrio.com/trademark-registration/

2
CRITERIA FOR A COURT OF LAW OR TRIBUNAL FOR
DETERMINING DECEPTIVE SIMILARITY
3
  • A deceptive mark can be said to be such a mark
    which is likely to cause confusion in the minds
    of the buyer.
  • The most important deciding factor while taking
    ?Deceptive Marks into account is that the general
    public with average intelligence is confused so
    as to the source of the product.
  • The most important test is to look for an overall
    similarity. The expression ?likely to deceive? is
    a question largely one of first impression. It is
    not necessary to prove intention. It is
    sufficient if the Court comes to the conclusion
    it is likely to deceive and that conclusion must
    be based partly on evidence and partly upon the
    appeal to the eye of the judge.

4
Contact Us SunBrio Consultancy Pvt.
Ltd. 1202/32, 2nd Floor, Bhagya
Building,Opposite Coronet Hotel, Apte
Road,Shivajinagar, Pune 411 004,Maharashtra,
INDIA Visit https//www.sunbrio.comEmail
 consultancy_at_sunbrio.comPhone  91 972 118
4433
5
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