Stadmed Private Ltd. vs. Abbott Laboratories

The question whether two marks are deceptively similar is an important question which arises for consideration in connection with registration of trademarks. A trademark is said to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion [Section 2 (i) (h) of Trademarks Act, 1999]. In the determination of the question of likelihood of confusion, the tribunal has necessarily to assess the psychological reaction and mental association the mark will generate in the mind of the average customer when he buys the goods under normal circumstances and conditions of the trade. The instant dispute between Stadmed Private Ltd. vs. Abbot Laboratories 2006 (32) PTC 229(Reg.) is a case in point.