mark
which would be identical with or similar to
or deceptively similar to the trademarks and
IA Nos. 12710/2013, 12712/2013 & 16926/2013 ... would be identical with or similar to or deceptively
similar to the trademarks .
60. The Assignee undertook that the words BRIHANS and
BRIHANS logo will
registered trademarks of the plaintiff dilutes the reputation of the
registered trademarks of the plaintiff company and the trademarks
of the plaintiff are entitled ... that they are very similar, rather
deceptively similar. The impugned mark bears such an overall
similarity to the registered mark as would be likely
from the whole trademark and compare it with the
impugned trademark alleging deceptive similarity, is impermissible in law.
16. For the proposition that where ... examination is limited to see if they are similar/deceptively
similar. A comparative of the trademarks of the Plaintiff and the trademarks
of the Defendant
Defendants are aware that they are applying for a similar or
deceptively similar trademark as that of the Plaintiffs, they should be
restrained from lodging ... Khodays Black Label etc. Thus, getting/
obtaining registration to similar or deceptively similar trademarks
I.A.s No. 16758/2010 and 1908/2012
TRADEMARKS NO. 160442 AND 160443 ................................23
I.II. TRADEMARK NO. 273760................................................ 25
I.III. TRADEMARK NO. 273759............................................... 27
I.IV. TRADEMARK ... REGISTRATIONS ............... 29
II. TRADEMARK OPPOSITIONS TO DEFENDANT'S APPLICATIONS............. 32
II.I. TRADEMARK APPLICATION NO. 509863............................... 32
II.II. TRADEMARK APPLICATION
submitted that the trademark HAZZA is
similar in idea and it is deceptively similar to the trademark of
the respondent. He also pointed out that ... letter, 'L' in the
trademark LAZZA. The trademark HAZZA is phonetically,
visually and structurally is similar to the trademark LAZZA. The
respondent
India have applied the test of similarity
even in ideas, i.e. semantic similarity of two trademarks in deciding the
question of their deceptive similarity ... liable to be vacated.
38. There is no similarity leave alone deceptive similarity between the
trademarks 'Einstein Box' and 'Newton
because the similarity may be attributable to the fact that parts of the
competing marks are identical or lend similarity to the trademarks when
viewed ... infringed on account of use of an identical or
a deceptively similar trademark "in relation to goods or services in respect
of which
medicinal and pharmaceutical
preparations under the trademark KIMIXIDE or any other trademark that
is identical and/or deceptively similar as that of the Plaintiffs registered ... trademark, if he makes any addition, alteration or otherwise to
any genuine trademark or if he makes the trademark, i.e., identical or
deceptively similar
deceptively similar trademark
GOLD LOCK BRAND label or any other trademark, deceptively similar
to the plaintiff's registered trademark LOCK BRAND label, with unique ... lungies by use of the trademark
GOLD LOCK BRAND label or any other trademark deceptively similar
to the plaintiff's trademark LOCK BRAND label