Deceptively Similar - Definition - Law Dictionary Home Dictionary Definition deceptively-similar

Definition :

Deceptively similar, a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2 (1) (c)]

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. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (h)]

In order to come to the conclusion whether one mark is deceptively similar to another, the broad and essential features of the two are to be considered. They should not be placed side by side to find out if there are any differences in the design and if so, whether they are of such character as to prevent one design from being mistaken for the other. It would be enough if the impugned mark bears such an overall similarity to the registered mark as would be likely to mislead a person usually dealing with one to accept the other if offered to him, Parle Products (P.) Ltd. v. J.P. and Co., (1972) 1 SCC 618: AIR 1972 SC 1359 (1362). [Trade and Merchandise Marks Act, 1958 (53 of 1958), s. 2(1)(d)]

See also F. Hoffman La Roche v. Geoffery Manner & Co. Pvt. Ltd., (1969) 2 SCC 716