M/S. South India Beverages Pvt. Ltd. vs General Mills Marketing Inc. & Anr. on 13 October, 2014
33. The "dominant part" principle is alien to Section
9(1)(b). It cannot co-exist with the "exclusivity" principle
which finds statutory place in the provision. We are not
concerned, here, with an infringement suit, in which similarity
between dominant parts of rival marks can constitute a ground
to return a finding of infringement, following the law laid down
in South India Beverages Pvt Ltd v. General Mills Marketing,
despite Section 17 of the Trade Marks Act which forbears
claiming of exclusivity in respect only of part of a registered
trade mark. We are concerned with the entitlement of the
mark to registration under Section 9(1)(b).