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"14. It is true that where a distinctive label is registered as a whole, such registration cannot possibly give any exclusive statutory right to the proprietor of the trade mark to the use of any particular word or name contained therein apart from the mark as a whole....."

32. It is well settled that a composite trademark or label trademark is not required to be dissected to determine whether there is any deceptive similarity with another trademark. The question whether there is any deceptive similarity between two trademarks has to be ascertained by examining the marks in question as a whole. In South India Beverages India Private Limited v. General Mills Marketing Inc: 2014 SCC OnLine Del 1953, the Division Bench of this Court had explained the 'anti-dissection rule' in some detail. The Court reiterated that "conflicting composite marks are to be compared by looking at them as a whole, rather than breaking the marks up into their components parts for comparison". However, the Court had also observed that "while a mark is to be considered in entirety, yet it is impermissible to accord more or less importance or 'dominance' to a particular portion or element of a mark in cases of composite marks".

dissection rule to view the component parts of conflicting composite marks as a preliminary step on the way to an ultimate determination of probable customer reaction to the conflicting composites as a whole. Thus, conflicting marks must be compared in their entireties. A mark should not be dissected or split up into its component parts and each part then compared with corresponding parts of the conflicting mark to determine the likelihood of confusion. It is the impression that the mark as a whole creates on the average reasonably prudent buyer and not the parts thereof, that is important. As the Supreme Court observed: "The commercial impression of a trademark is derived from it as a whole, not from its elements separated and considered in detail. For this reason it should be considered in its entirety." The anti-dissection rule is based upon a common sense observation of customer behavior : the typical shopper does not retain all of the individual details of a composite mark in his or her mind, but retains only an overall, general impression created by the composite as a whole. It is the overall impression created by the mark from the ordinary shopper's cursory observation in the marketplace that will or will not lead to a likelihood of confusion, not the impression created from a meticulous comparison as expressed in carefully weighed analysis in legal briefs. In litigation over the alleged similarity of marks, the owner will emphasize the similarities and the alleged infringer will emphasize the differences. The point is that the two marks should not be examined with a microscope to find the differences, for this is not the way the average purchaser views the marks. To the average buyer, the points of similarity are more important that minor points of difference. A court should not engage in "technical gymnastics" in an attempt to find some minor differences between conflicting marks.

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34. In the facts of the present case, the learned Single Judge had found that the appellant held registration of the device marks/composite marks that contain the word 'Vasundhra' but it did not have any registration of the word mark 'VASUNDHRA'. It is material to note that the appellant had applied for registration of the word mark but the same has not been granted to it as yet. The Court had, thus, found that the appellant did not have an exclusive right to use the word 'Vasundhra' except as part of its device trademarks.

39. The observations in the impugned judgment that "

'VASUNDHRA' is a common name in India and an exclusive right to use the same cannot be granted to the plaintiff" has to be read in the aforesaid context. The learned Single Judge had found that the word 'Vasundhra' was a part of the composite marks and the appellant did not have exclusive monopoly over the word 'Vasundhra' merely on account of registration of composite marks including the said words.