level
marks.
(b) the degree of resembleness between the
marks, phonetically similar and hence similar in
idea
(c) the nature of the goods in respect ... that
the two do not have such phonetic similarity so
as to make it objectionable.
21. In our considered opinion the facts of the
said
ENERJASE' or any other trade mark which is deceptively or phonetically similar to the plaintiff's trade mark 'ENERJEX ... similar to that of the appellant.
16. Before going into the contentions of the parties relating to the question of phonetic similarities between the words
graveman of the plaintiff's grievance is
the introduction of similar drug i.e. sildenafil
citrate for same treatment, namely, 'ED' launched ... trade mark VIAGRA. The defendants product
PENEGRA is not only phonetically similar to that of the
plaintiff's trade mark VIAGRA but the defendants
also urged that if the two marks bear no ocular similarity, and phonetic similarity of words like 'DON' or 'down ... only visual or ocular similarity is relevant and phonetic 'similarity' of the word 'DAWN' with 'DON' is not relevant
websites.
(x) "MUMUM" and "MUMMUM" were phonetically
identical. Phonetic similarity was to be gauged, under Section
29 (9) of the Trade ... which is identical, phonetically similar, to the plaintiff's
"MUMMUM" trade mark.
(4) Is mere phonetic similarity, in the absence of visual
marks, and the parts thereof which are
phonetically similar, as to whether such phonetic similarity is
likely, considering all other circumstances, to confuse or
deceive ... facts.
(xii) On the issue of deceptive similarity, and especially with
respect to the aspect of phonetic similarity, English cases are
not of relevance. English
treatment of similar disease and containing similar salt. According to the plaintiff, the aforesaid trademark LIPICOR of the defendants is deceptively and confusingly similar ... phonetic similarity between the two words, no injunction could be granted as in similar cases injunctions were refused amidst alleged phonetic similarity, instances of which
entirely different from that of Triaminic. There is also no phonetic similarity between the two. A perusal of the packaging of the product would corroborate ... phonetic similarity between CORI and TRIA or TRIO. Merely because MINIC is common to all three makes no difference. I find no phonetic similarity
question can be held to be deceptively similar
even on the basis of phonetic similarity only.
(vi) While comparing two Trade Marks ... have
considered that the trade marks can be similar even on the basis of
phonetic similarity which fact has been acknowledged by the appellant
similar nature. In addition to exhibiting these phrases in a similar pattern we will have to examine whether the two phrases are phonetically similar ... first syllable in both the names is phonetically similar, a buyer, because of the phonetic similarity, is likely to be confused and misled. A consideration
