proprietor of the mark from those of others; (h) “deceptively similar”.— A mark shall be deemed to be deceptively similar to another mark ... trade mark or part of a trade mark; and (b) is or are identical with or deceptively similar to the name or initials
trade Marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (c) "certification trade mark" means ... trade mark or part of a trade mark; and (b) is or are identical with or deceptively similar to the name or initials
trade mark who, either,— (a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark ... trade mark who, without the assent of the proprietor of the trade mark,— (a) applies such trade mark or a deceptively similar mark to goods
trade mark who, either,- (a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark ... trade mark who, without the assent of the proprietor of the trade mark,- (a) applies such trade mark or a deceptively similar mark, to goods
deceptively similar. Learned counsel for the Defendant
further submitted that the Plaintiffs themselves were
guilty of adopting the deceptively similar mark to the
trademark INDOXY ... marks of the Defendant had entered the
market later in point of time than the mark of the
Plaintiffs. The marks are deceptively similar
device 'ARROW' or any mark deceptively similar thereto on deceptively similar to any marks mentioned in Exh. A to the plaint ... deceptively similar.
(vii) AIR 1989 DEL. 44 - "CALMPOSE" phonetically and visually similar
and likely to cause confusion and deceptively similar
Plaintiff by use of the mark "ECONOVA" or any other
mark deceptively similar to the Plaintiff's registered mark. By the present ... mark,
the Registrar after evaluation of the marks cited the Plaintiff's mark as identical with
and deceptively similar to the Defendant
deceptively similar trademarks.
The 2010 Assignment Deed seeks to assign the
following trademarks to the Defendant that are claimed
to be identical or deceptively similar ... their
deceptive similarity, the two marks as a whole have to
be considered. The mark or words comprised in a mark
cannot be split
asses 'deceptive similarity' are
given. Relevant portion the judgment is reproduced as under:
.
"57. On the aspect of deceptive similarity, this Court ... bearing the impugned marks 'Glucose-D' and
'Glucose-C', or any other mark, label, or packaging deceptively
similar to the Plaintiff
restraining the respondents from using certain trademarks
[impugned marks] and other marks that are deceptively similar to the
appellant's trademarks.
2. In terms ... products bearing the trade marks, AERO ARMOUR and
AERO ARMR [the impugned marks] or any other mark which is
deceptively similar to the appellant
