Phonetic Similarity could be the ground for restraining the use of trademark

Future Bath Products Private Limited Vs Corza International & Ors. (Delhi High Court)

Conclusion: The Delhi High Court observed that on the issue of phonetic similarity in the two trademarks, the test to be applied is of a man of “average intelligence and of imperfect recollection‟. To such a man, the overall structural and phonetic similarity and the similarity of the idea in the two marks is reasonably likely to cause a confusion between them.

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