course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect
defendant of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or unregistered, shall be instituted
deceptively similar to the respondent's.
On this matter also, there are concurrent findings of the
Courts below regarding the deceptive similarity ... mark is deceptively similar to
that of the respondents cannot be stated to be erroneous.
Besides, this question of deceptive similarity is a question
Deceptively
similar'--Proper approach by court for determining if one
mark is deceptively similar to another.
HEADNOTE:
The appellants filed a suit ... similar to, the trade mark, in relation to any
goods in respect of which the trade mark is, registered; and
the expression 'deceptively similar
mark from those of others; (h) “deceptively similar”.— A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles ... trade mark; and (b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection
trade mark, of that person; (d) "deceptively similar": - A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles ... trade mark; and (b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection
defendants is phonetically and visibly similar with
the label of the plaintiff. It is deceptively similar
with the label of the plaintiff. It creates deception ... label in
larger size, in first alphabet definitely creates
deception and confusion. It is deceptively similar
with the trade-mark of the plaintiff. Therefore
words "Mahendra & Mahendra" or any word which is
deceptively similar to "Mahindra" and/or 'Mahindra & Mahindra ... phonetically,
visually and structurally almost identical and in any event deceptively
similar. In the prospectus of the defendant the words "Mahendra and
Mahendra
Vitamin preparations--'DROPOVIT" whether a trade mark
deceptively similar to 'PROTOVIT' so as to offened s.
12(1)--'DROPOVIT ... defines the phrase
"deceptively similar" as follows:
"A mark shall be deemed to. be deceptively
similar 'to another mark
different goddesses are deceptively
similar in sound within meaning of s. 12(1)-Visual
dissimilarity not decisive when sounds deceptively similar.
HEADNOTE:
The appellant ... Andal. The two words
are deceptively similar in sound.
The name Andal does not cease to be deceptively similar
because it is used in conjunction