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Concept of Deceptive Similarity under Indian Trademark Law

Article by Varsha Chamakura . A Trademark is a visual symbol, a distinctive sign or indicator in the form of text or pictorial representation that sets a product apart from other products. It helps customers identify products which are manufactured or services that are provied by a certain person or business. The main function of a Trademark is to exclusively identify the source of products and services. Trademarks play an important role in building a company’s Brand name and Goodwill. It protects consumers from the aspects of confusion, deception and fraud. Trademarks also guarantee the maintenance of the quality of the product or service. They symbolize the quality of products, which gains the attention of the consumers. Hence, trademarks need to be protected to ensure that the quality of products is not hampered and also the welfare of the society is not disturbed. Though it is very essential and of great importance, it is also very vulnerable to being misused or inf