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Showing contexts for: composite trade mark in M/S Swagath Motels Private Limited vs M/S. Hotel Swagath on 13 March, 2019Matching Fragments
26. It is also pointed out that the trade mark has to be registered as a whole and it cannot be dissected and compared for the purpose of comparison in the cases of passing off and infringement, and since the MSR,J ::11:: cma_1246_2018 respondent is claiming registration of trade mark/service mark, which is a composite mark and it is registered as a device, the respondent cannot pick up the word 'SWAGATH' from the composite trade mark and cannot claim monopoly rights over the word 'SWAGATH'.
27. It is contended that the respondent's trade mark consists of the word 'SWAGATH' and 'HOTEL' and as per Section 17 of the Trade marks Act, 1999, respondent can only claim rights over the composite trade mark consisting of the words 'HOTEL' & 'SWAGATH' and Logo consisting of the characters 'S' and 'H'.
28. It is also contended that the Registrar of Trade marks has initially objected for registration of the trade mark proposed by the respondent vide Application No.2022183 for the Rules in clause-43 as per Section 11 of the Trade marks Act, 199 as similar trade marks are in the process of registration in the name of different entities; and the respondent in its reply to such objection in the Examination Report stated that the respondent's trade mark is for registration as a device and that the marks reflected in the Search Report are Word Marks and channel of distribution and service circle for Applicant's trade mark is different from other marks. It also admitted therein that under Section 12 of the Trade marks Act, 1999 similar trade marks can be registered if the respondent if the respondent is honest and concurrent user.
45. It acknowledged that from the composite Logo and trade mark 'HOTEL SWAGATH GRAND' of the appellant the word 'SWAGATH' is appearing predominantly; that the registration of the respondent is for the present suspended due to rectification application filed by the appellant, which are being contested before the Registrar of Trade Marks at Chennai; and held that the respondent did not make out a prima facie case under the infringement of trade mark, but there is a prima facie case as to passing off action which is governed under the common law.