Trademark Insights

Registry & Judicial Updates – 08 March 2026

Phonetic Similarity Can Defeat Trademark Registration

Even where spellings differ, if the overall pronunciation creates consumer confusion, registration may be refused.

The Hon'ble Delhi High Court has repeatedly held that phonetic similarity is a key test, especially in consumer goods and pharmaceutical products.

Case Reference: Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd. (2001) 5 SCC 73

Vishnu

Trademark Advisory

9866512479