Deceptive Similarity

Section 2(1)(h) of the Trade Marks Act, 1999 defines deceptive similarity as:

"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."

In simple terms, eceptive similarity refers to a mark that so closely resembles an existing registered trademark that it is likely to deceive or cause confusion among the general public.

The core objective of this doctrine is to protect both the original brand owner’s goodwill and the consumer from being misled into purchasing a product under the mistaken belief that it originates from a different source.