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(5) The resemblance may be phonetic, visual or in the basic idea represented by the plaintiff's mark;

(6) The identification of the essential features of the mark is in essence a question of fact and depends on the judgment of the Court based on evidence led before it as regards the usage of the trade.

22. The above principles are deducible from Ruston & Hornby Ltd. v. Zamindara Engineering Co. .

23. In Parle Products (P) Ltd. v. J.P. & Co. , the Apex Court laid emphasis on the test of overall similarity.