A CRITICAL ANALYSIS ON DECEPTIVE SIMILARITIES OF TRADEMARKS IN INDIA

Abstract

The main reason intellectual property rights (IPR) are granted to creators of intellectual property is to safeguard their ownership rights. In contrast to other intellectual property, the primary goal of giving a certain organization a monopoly over a brand name or symbol is to benefit the public at large. Any word, phrase, symbol, or design that distinguishes a company from its rivals in a marketplace can be used as a trademark. Thus, the main reason for granting trademarks is to make it easier for customers and keep them from becoming confused by the large number of competitors in a market. This makes it even more crucial to safeguard customers from being duped by similar-sounding or similar-looking identifiers. Therefore, the trademark law benefits greatly from the 25 notion of "Deceptive Similarity." Understanding the idea of deceptive similarities is the aim of the study.to research the elements that influence misleading similarity.to understand the origin of the misleading resemblance. This study is based on an empirical framework and includes a survey, content, analysis, and qualitative data. The results were coded for analysis. Simple random sampling was used in this study, and there were 200 samples in all. The survey can be conducted anywhere in Chennai, however for this study, a sample of participants was chosen from 12 online platforms. Despite the fact that misleading similarity is a crucial topic in trademarks, the poll reveals that the majority of respondents are not very familiar with the idea. This prevents the party from registering a trademark if it has any similarities with other marks. The Indian trademark act prevents such act and punishes such persons for copying the mark of other trademarks.