Deceptive Similarity under Trade Marks Act, 1999 Explained by High Court
In context of the Trade Marks Act, 1999 it has been held that there are certain principles to be considered to decide the existence of deceptive similarity and some of them are:- (a) the nature of the marks (b) the degree of resemblances between the marks, phonetically or ideally similar (c) the similarity in the nature, character and performance of the goods of the rival traders.
Freshtohome Foods Pvt Ltd v. Registrar of Trade Marks [2025] GCtR 1906 (Madras)
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