That tiny moment of confusion is basically what the Calcutta High Court had to deal with in PepsiCo Inc. v. Jagdamba Foods Pvt. Ltd. Once a name starts living in the same “ear-space” as an existing brand, it’s very hard to ignore from a trademark lens.
What Happened in Court
PepsiCo traced LAY’S all the way back to 1938 with decades of use and strong distinctiveness behind that name.
Jagdamba Foods then applied to register “JAY’S” for similar snack products.
Justice Ravi Krishan Kapur applied settled principles:
- Durga Dutt: even if designs differ, copying the essential feature of a mark can still mislead.
- Ambal & Co.: phonetic similarity alone can create a likelihood of confusion.
When spoken aloud, “JAY’S” and “LAY’S” almost overlap. The Court found the resemblance significant, questioned the bona fides behind adopting “JAY’S”, and ultimately cancelled the “JAY’S” registration.
If You’re Naming or Running a Brand, Read This. It’s a checklist for anyone building a brand.
1. Do a pre-filing search
Before you finalize a band name, check:
- the IP India (TM Registry) database,
- Google and marketplaces,
- and, where needed, paid tools that pick up phonetic lookalikes and close variants.
If a similar mark already exists, pick a different name. It’s cheaper than a lawsuit.
2. Choose something genuinely distinctive
If your proposed name instantly reminds people of another brand by sight or by sound, it will attract objections.
3. Use the registered mark exactly as registered
Once your mark is on the Register, use that mark:
- Not half-tweaked versions.
- Not “creative” deviations.
Consistent use of the registered form strengthens your rights and helps you avoid future vulnerability.
4. Maintain continuous commercial use
A trademark is a business asset. that must stay active. Non-use makes your registration vulnerable to cancellation.
5. Set up a watch system
Conflicts usually appear quietly before they become serious.
Monitor:
- TM Journal filings,
- Google alerts,
- marketplaces like Amazon, Flipkart, Meesho, and
- key social platforms.
6. Enforce early
Prompt, consistent enforcement:
- keeps your mark strong, and
- signals to the market that you take your rights seriously.
Consistent enforcement keeps your mark strong and signals that you take your rights seriously.
A trademark isn’t just about how it looks. It’s about how people hear it, recall it, and mistake it. Businesses that treat naming, searches, use, and monitoring as real strategy not afterthoughts build brands that last.
Beyond Logos: How People Hear Your Brand
A trademark isn’t just about how it looks. It’s about how people:
- hear it,
- recall it, and
- mistake it.
Businesses that treat naming, searches, use and monitoring as real strategy, not afterthoughts, are the ones that build brands that last.
Governing Law
Trade Marks Act, 1999: Section 11, Section 29, Section 47 and Section 57 | Trade Marks Rules, 2017
