A Judicial Analysis of the Visual and Phonetic Resemblance of Indian Trademarks

Abstract

This paper critically investigates how Indian courts evaluate visual and phonetic similarities in trademark disputes, specifically under the Trade Marks Act of 1999. Trademarks serve as more than just business identifiers; they also preserve brand goodwill. However, the possibility of consumer confusion caused by identical marks, whether visually or phonetically, offers considerable obstacles to maintaining fair competition and preserving proprietary rights. The Indian judiciary plays an important role in resolving these disputes, using tests of deceptive similarity, consumer perception, and overall image or impression. This paper examines landmark and current judgments using doctrinal and jurisprudential analysis to determine the consistency, evolution, and legal reasoning employed by courts. The paper also identifies difficulties in interpretation and suggests better doctrinal clarity in judicial judgment of similarity. The paper’s ultimate goal is to contribute to a more cohesive framework for trademark adjudication in India, which balances rights protection with market fairness.