trademark
Similar Trademarks: Why They Don’t Always Infringe
Common wisdom suggests that similar marks lead to infringement, but Indian courts apply a much more nuanced test. Through cases like Nandhini Deluxe and Goenka, the judiciary has demonstrated that coexistence is possible when businesses operate in different commercial spheres or when marks lack inherent distinctiveness. This article explores three core lessons: the limits of trademark classification, the special status of surnames, and the importance of the 'overall impression' test. Understanding these principles helps brand owners navigate the complexities of concurrent use and consumer confusion under the Trade Marks Act.