feature between the plaintiff and the defendants'
trademarks, the defendants' trademark is rendered
deceptively similar to that of the plaintiff.
(e) A consumer ... association with the registered trademark"
[ Section 29(2)(a) ],
(iii) "where the impugned trademark is similar to the
registered trademark and the goods
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
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
acoustically similar; the consonants "m" and n
are nasal sounds and are acoustically similar. The only dissimilar
sound in the two trademarks ... DRAMAMINE. Slight
differences in the sound of similar trademarks will not protect the
infringer.
In an attempt to avoid phonetic similarity, defendant may argue
that
favour of Pneumo Care, or any other
identical or deceptively similar trademark or design. Additionally, the
suit prayed for rendition of accounts, delivery ... referred to as impugned
trademark) which is identical to the said trademark
HOSPIGRIP of the plaintiff. The representation of
impugned trademark and design are filed
Cheese Burst", "PASTA
ITLAIANO" or any other deceptively similar trademark for
the purposes of destruction/erasure of the same;
e) An order ... Cheese Burst",
"PASTA ITLAIANO" or any other deceptively similar
trademark for the purposes of destruction/erasure of the
same;
h) An order
manner, in any goods
including Tyres bearing the deceptively similar trademark/s
BRIMESTONE or the 'B' mark amounting to an
infringement ... manner, in any good
sincluding Tyres bearing the deceptively similar
trademark/s BRIMESTONE or the 'B' mark amounting to
passing
throttle, using "Hero"
or any mark deceptively similar thereto, as a trademark, brand name or
tradename, in any manner as would infringe
said trademark without the leave and licence of the
respondent, as, in the respondent‟s submission, the trademark
„SUPERCROME‟ was deceptively similar to the respondents ... goods/products under the
impugned trademark/label SUPERCROME or any other
trademark /label dress identical with or deceptively similar to
the plaintiff‟s trade mark
