ISSN : 2663-2187

A CRITICAL ANALYSIS OF THE DOMINANT FEATURE DOCTRINE UNDER INDIAN TRADEMARK ACT, 1999

Main Article Content

Ms. Anita H Pathak, Dr. Anjula S Chowbe
» doi: 10.48047/AFJBS.6.14.2024.6533-6547

Abstract

The principle of the "dominant feature" in trademark law is crucial for determining the likelihood of confusion between competing trademarks. This study delves into the notion of the dominant feature, its utilization in legal proceedings, and its influence on trademark safeguarding. The dominant feature denotes the most conspicuous or salient element of a trademark that predominantly shapes consumer perception. Courts frequently give weight to this aspect when evaluating the deceptive similarity of two marks. Through an examination of pivotal cases and legal provisions, this research aims to offer a thorough comprehension of how the dominant feature doctrine influences the protection of trademark rights, particularly in the realm of consumer confusion. Additionally, the study scrutinizes the interaction between the dominant feature and other elements, including visual, phonetic, and conceptual resemblances, in trademark conflicts. The results underscore the significance of the dominant feature in harmonizing the interests of trademark proprietors with the necessity to avert consumer misrepresentation.

Article Details