written by Khushi Chamaria (GIBS, IP University)
Firstly, let us know something about the trademark. It is a type of intellectual property containing recognizable signs, design, and expression which defines an enterprise. Trademark helps to differentiate the product from one enterprise to another enterprise.
If there is any similarity between the two enterprises of the same homogeneous market then it cannot be registered.
So, the phonetic similarity between the two brand names is an important factor that should be taken into consideration when deciding on trademark infringement and thinks about brand name encroachment.
The bench considered the following issues which are:-
Whether the focus of inquiry on the matter of consumption of whiskey is for only metropolitan cities or also for the rest of the world?
Changes in the recent years with new economic progress.
Later, The Court contended that there is no phonetic or visual similarity between the ASWA and ASAVA by ignoring the documents and settled test.