https://www.taxtmi.com/caselaws?id=182087 Registration of a trade mark can support an infringement action even if the suit was filed before the registration certificate issued, because registration relates back to the application date under the Trade and Merchandise Marks Act, 1958. The text also explains that deceptively similar marks are assessed by their overall impression and essential features, viewed from the standpoint of an average purchaser with imperfect recollection. Actual deception is unnecessary where likelihood of confusion is shown, and similarity in device, trade name and visual impression may be sufficient to establish infringement and passing off. en-us Mon, 26 Nov 1979 00:00:00 +0530 Mon, 02 May 2016 15:06:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182087 Registration of a trade mark can support an infringement action even if the suit was filed before the registration certificate issued, because registration relates back to the application date under the Trade and Merchandise Marks Act, 1958. The text also explains that deceptively similar marks are assessed by their overall impression and essential features, viewed from the standpoint of an average purchaser with imperfect recollection. Actual deception is unnecessary where likelihood of confusion is shown, and similarity in device, trade name and visual impression may be sufficient to establish infringement and passing off. Case-Laws Indian Laws Mon, 26 Nov 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182087