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The learned Counsel next referred to a series of decisions particularly the following:

Park Products (P.) Limited v. J.P. and Company . In the matter of Helana Rubinstein Limited's application for the Registration of a Trade Mark (1960) R.P.C. 229; Aristoc Limited v. Rysta Limited 62 R.P.C. 65, and Ciba Limited v. Ramalingam . The facts in Parle Products (P.) Limited are that the appellants are manufacturers of biscuits and confectionery and are owners of certain registered trade marks, one of them being " Gluco " used on their half pound biscuit packets. Another registered trade mark of theirs is a wrapper with its colour scheme. The wrapper is used in connection with the sale of their biscuits known as "Parle's Gluco Biscuits". The respondents are the manufacturers and sellers of biscuits with their trade name " Glucose Biscuits". The colour scheme of the wrapper of the respondents was substantially similar to that of the appellants with variation in detail. The trial Court meticulously examined the features found on the two wrappers and held that there were distinguishing features of the wrappers and there was no chance of a seller committing fraud on a customer and an ordinary purchaser would certainly refuse to purchase the defendants' goods if it was offered to them as and for the plaintiffs' goods. The trial Court, therefore, held that the plaintiffs had failed to establish their case.