INTERPRETATION OF TRADEMARK WITH DECEPTIVE SIMILARITY IN INDIA

Abstract

In the area of present era of globalisation and the fast trading speed, it is extremely
important for any business to develop its identity on the minds of the consumers of shoppers.
Trademark thus plays a crucial role in creating this brand and contributes to revenue generation.
However, when a company name furthers the chance of successful venture, and it becomes
incredibly subject to exploitation or infringement. It must be remembered. However one
infringement approach is through the development of a "disappointingly similar" trademark to
the current one, in order to confuse consumers and leverage the already developed goodwill of
the trademark. This not only jeopardizes the reputation, but rather the monetary disruption of its
pattern with respect of the name. This paper examines the concept of the disappointing similarity
of design patents in India and highlights the court's position in understanding the meaning of
disappointing similitude even beyond basic context of the phrase in law for justice..