mark and the similarity of
the goods or services covered by such registered trade mark; or
(b) its similarity to the registered trade mark ... mark, a duty is cast upon the Court to compare both the marks to
find out if the offending marks are deceptively similar
identical and deceptively
similar to the Globe Device?
(b) Whether the defendants used the word Pepsi or any other deceptively similar word/mark in their ... defendants use of the
mark Pepsi or the Globe Device or any other mark identical with or deceptively
similar thereto was in the course
deceptively similar mark;
(c) by similarity to the registered trade mark;
(d) by its identity with the registered trade mark;
(e) by likelihood of causing ... otherwise dealing in goods bearing any mark /
label similar or deceptively similar to the plaintiff‟s mark / label
"Officer‟s Choice" or from
first defendant agreed not to use the trade mark TRIAMINIC or any other mark deceptively similar thereto as also from using packaging material, label, wrapper ... Marks Act, 1999 defines the words "deceptively similar" as under:-
"deceptively similar"- a mark shall be deemed to be deceptively similar
mark and the
similarity of the goods or services covered by such
registered trade mark; or
(b) its similarity to the registered trade mark ... plaintiff‟s mark is registered
under the Trade mark Act, the defendant‟s mark is identical with or deceptively
similar to the registered trademark
Proprietor, makes that the trademark or deceptively similar mark. A mark shall be deemed to be deceptively similar to another mark if it so only ... registered Proprietor of the Mark to show that the defendant's mark is deceptively similar to his registered trademark.' Also in the absence
being connected with the business of plaintiff by using deceptive similar mark in any modified form or by using the colour scheme ... detergent goods bearing label mark 'Soundari' or any other deceptively similar mark I.A.II is for an injunction to restrain the defendants
manner whatsoever, the marks "Dominick Pizza",
or any other mark which is identical or deceptively similar
to the Plaintiffs' trademark "Domino ... identical goods and services under the respective marks, in my
considered opinion, render the marks deceptively similar to each other
and clearly make
trade mark shall not be registered if because of "its
similarity to an earlier trade mark and the identity or similarity of the goods ... does not dilute the
phonetic and structural similarity of the two marks. In the context of similar marks the
„essential feature‟ test as evolved
aspect should also be satisfied that though not similar, it is deceptively similar to the infringed mark. In such an event though the Court ... likelihood of causing confusion and deception between the two marks because its trade mark, name, logo etc., are deceptively similar. Thus keeping in view
