Naresh Kumar Nagpal vs Dofey Ventures Private Limited And Ors on 22 April, 2024
In this
regard I rely upon Kewal Krishan Kumar and Anr. Vs. Rudi
Roller Flour Millls 2015 II AD (Delhi) 660 in that case dispute
was with respect to Trademark Shakti Bhog and Shiv Shakti and
Hon'ble High Court hold that these two are not deceptively
similar on the basis of judgment passed by Hon'ble Division
Bench of High Court in Kewal Krishan Kumar and Anr. Vs. Rudi
Roller Flour Millls, 2007 35 PTC 848 (Delhi), wherein Hon'ble
Division Bench hold that word Shakti is common in both
trademark Shakti Bhog and Shiv Shakit which means power and
further observed that what is registered in favour of appellant is
Shakti Bhog and what is registered in favour of respondent is
Shiv Shakti with the device of Trishul and Damru and further
Hon'ble High Court hold that Shakit with device of Trishul and
Damru is descriptive of Lord Shiva, the Hindu God and said
word has no connection or relevance with the word Shakti Bhog
Atta which is the trademark of appellant and thus, held that both
marks are completely distinctive and therefore there is no
likelihood that anyone would confuse with the word Shiv with
Bhog and further hold that Shiv Shakit is miles away from the
word Shakti Bhog