trademarks Act
has to be read along with Section 29 of trademarks Act, which explains what
would constitute infringement of trademark. Section 29 of trademarks ... trademark
such tinkered trademark used by the 3rd party has to be compared with the
registered trademark to decide whether it is deceptively similar
medicinal and pharmaceutical preparations under the trademark VENZ or any other trademark containing identical and/or deceptively similar trademark as that of the plaintiff ... pharmaceutical preparations under the trademark VENZ or other trademark containing identical and/or deceptively similar trademark as that of the plaintiff's trademark VENIZ
Trademarks Act, 1999, the plaintiff is the exclusive proprietor of the
trademarks and is entitled to prevent others from using any identical or
deceptively similar ... trademark for identical or similar goods. The defendant
claims that they have a Business Transfer Agreement from Mr.Aravind
Ramaswamy and based on the same
level of deceptive similarity of both the trademarks. Since the
defendant's trademark is deceptively similar to that of the plaintiff's registered ... trademark.
15.2 The plaintiff learnt during August, 2008 that the defendant started
to use the trademark in marketing fertilizer with trademark “VIJAI”
phonetically similar
level of deceptive similarity of both the
trademarks. Since the defendant's trademark is deceptively similar to that of
the plaintiff's registered ... trademark.
15.2 The plaintiff learnt during August, 2008 that the defendant started
to use the trademark in marketing fertilizer with trademark “VIJAI”
phonetically similar
deceptively similar to the appellants' trademark. First of all, the
impugned trademark has certain phonetic similarities inasmuch as the
trademarks end with the word ... very successful trademarks". In cases of a weak
trademark, where the trademark has not acquired significant goodwill,
a higher degree of similarity is permissible
from manufacturing, selling, advertising and offering for sale using same
or similar trademark POOMAK or any other similar Trademark or in any
signboard, media ... their trademark 'Poomex' under Classes 24 and 25.
They have been using the said trademark since 2003. The details of the
trademark registrations
other registered Trademarks by using a
deceptively similar Trademark GEO ZINCOVIT or any
other trademark deceptively similar to the plaintiff's
registered trademark ... plaintiff's registered trademark ZINCOVIT. The trademark
ZINCOVIT is one of the most popular and well-known trademarks and
have been copied time
lungies or any other product bearing the almost
identical/deceptively similar trademarks Aazan label, Dimmer Brand
label and Challenge Cup label with colour scheme, getup ... identical/deceptively similar trademarks Aazan label, Dimmer Brand
label, Challenge Cup label, LED label and Marina Mix label or any
trademark similar to plaintiffs trademarks
infringed
trademark of the plaintiff. It is contended that the
defendant has created a completely distinct
trademark and it is not similar to that ... trademark
AXPERT, whereas the defendant has applied further
trademark for his goods which fall under the same
Clause-9 with trademark EXPERT. It also appears
