supporting
documents filed on the record of the suit. Whenever deceptively
similar trademarks were advertised by the trademark registry, the
appellant claims to have opposed ... which the trademark
is registered without the permission of the trademark owner.
32. It is trite that upon registration of a trademark, the registered
proprietor
case also, the plaintiff's trademark BOLTS and the first defendant's trademark VOLT are phonetically similar. The first defendant by substituting ... counsel has pointed out the following similarities viz.,
1.The use of the deceptively and phonetically similar Trademark VOLT in respect of the identical product
known trademark 'Dyna Lume' has
earned huge reputation in the market. Defendant's trademark 'Dura Lume' is
deceptively similar ... similarity
between the word 'Dyna' and 'Dura'. So far visual similarity is concerned,
Below the plaintiff's trademark 'Dyna
infringement by a registered trademark. An
unregistered trademark alone can infringe. Use of a registered
trademark, for the goods or services in respect of which ... whether the
registered proprietor of a trademark can sue another registered
proprietor of a trademark alleging deceptive similarity". As already
noted, the question
Carlton in bags in India, adopted phonetically identical and
visually similar trademarks for similar goods, which needless to
say would lead to likelihood of confusion ... Signing Date:01.07.2025
13:29:56
adopted phonetically identical and visually similar trademarks for
similar goods, which needless to say would lead to likelihood
objections raised by the
Trademark Registry shows that the Trademark Registry
was, prima facie, of the view that the trademark sought to be
registered ... devoid of any distinctive character and similar
trademarks were already on record of the register for same or
similar goods or services. The Class
registered
trademark 'KENT' on the products or as part of the corporate name
and/or any other trademark deceptively similar thereto in relation ... well-known trademark and
by virtue of extensive, continuous and uninterrupted use of the
trademark KENT for its products, the trademark is exclusively
associated with
brand name MINDA and its formative
trademarks. Use of any trademark which is identical or
deceptively similar to the said mark is in violation ... such registered trademark is likely to cause
confusion in the public or an association with the registered
trademark. It is settled that similarity of goods
Class 5 by using a deceptively similar
trademark BELATIN or any other trademark deceptively similar to
the plaintiff's registered trademark ... defendant from infringing its registered
trademark by using the trademark BELATIN or any other trademark
deceptively similar to the plaintiff's registered trademark
settled principles of trademark law, the trademark
should be compared as a whole and to compare to similarity
between the two and not the dissimilarity ... registered trademark since 1987,
have to practice their property and they cannot allow
others to infringe their registered trademark by using
deceptively similar marking
