Factors considered by court to adjudicate passing off in India

The Courts generally consider the following factors in order to determine and adjudicate aforesaid issues;

  1. The nature of mark i.e. whether the marks are word marks or label marks or composite marks, i.e. both words and labels works.
  2. The degree of resembleness between the marks, phonetically similar and hence similar in idea.
  3. The nature of the goods in respect of which they are used as trade marks.
  4. The similarity in the nature, character and performance of the goods of the rival mark.
  5. The class of purchasers who are likely to buy the goods bearing the marks they require, on their education and intelligence and a decree of care they are likely to exercise in purchasing and/or using the goods.
  6. The mode of purchasing the goods or placing orders for the goods.
  7. Any other surrounding circumstances which may be relevant in the extent of dissimilarity between the competing marks.
Category: trademark-litigation-faq
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