trade mark and similarity of goods or services covered by the trade mark or its similarity to an earlier trade mark and similarity of goods ... nature of the mark i.e. whether the marks are word marks or labels marks or composite marks i.e. both word and label
nearly that they will cause confusion or deception in the minds of public. Deceptive similarity of trade marks cannot be judged by placing ... word JINDAL exists in both the marks. The marks are visually and phonetically similar. The goods are of similar description. The trade channel
nature of the marks i.e. whether the marks are word marks or label marks or composite marks, i.e. both words and label works ... confusion the use of confusingly similar marks should be enjoined.
9) Confusion by the use of similar marks which are used for different diseases
resembles that other mark as to be likely to deceive or cause confusion;"
Thus, a trade mark, to be deceptively similar to the other ... mark TOSHIBA has to be so near as to likely to cause confusion or deception. The
mark applied for, namely TOSIBA is, therefore, deceptively similar
deceptive similarity:-
(a) The nature of the marks i.e. whether the marks are word marks or label marks or composite marks i.e. both ... similarity between two marks the marks have to be considered as a whole. In deciding as to the deceptive similarity between two marks "Amritdhara
that the Deputy Registrar of Trade Marks has erred by deciding that the rival marks are not deceptively similar. She further submitted that the respondents ... nature of the marks i.e. whether the marks are word marks or label marks or composite marks, i.e. both words and label works
registered trade mark therefore, the adoption of the identical or deceptively similar trade mark in relations to the same or similar goods by the applicant ... mark but also a house mark of the proprietor as held in preceding, paragraphs. However, the applicant for rectification having adopted the deceptively similar trade
mind such as nature of marks and goods, trade channels, etc., the impugned trade mark is held deceptively similar to the opponents' registered trade ... confusingly similar to the opponents' registered trade mark, and the adoption of the impugned trade mark is false and dishonest, the mark applied
trade mark, the use of the impugned mark will result in deception and confusion and, therefore, the registration of the mark applied for will ... shall not be registered as a trade mark. The competing trade marks in this case are deceptively similar to each other and the goods covered
applicants mark. It is averred that use of similar or deceptively similar trade mark by the respondent is not only likely to be cause confusion ... deceptive similarity:
(a) The nature of the marks i.e. whether the marks are word marks or label marks or composite marks, i.e. both
