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;
- 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.
- The degree of resembleness between the marks, phonetically similar and hence similar in idea.
- The nature of the goods in respect of which they are used as trade marks.
- The similarity in the nature, character and performance of the goods of the rival mark.
- 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.
- The mode of purchasing the goods or placing orders for the goods.
- Any other surrounding circumstances which may be relevant in the extent of dissimilarity between the competing marks.