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1 - 10 of 19 (0.27 seconds)Section 57 in The Trade Marks Act, 1999 [Entire Act]
Section 11 in The Trade Marks Act, 1999 [Entire Act]
Section 193 in The Indian Penal Code, 1860 [Entire Act]
Section 9 in The Trade Marks Act, 1999 [Entire Act]
K. R. Chinna Krishna Chettiar vs Sri Ambal & Co., Madras & Anr on 14 April, 1969
21. The Petitioner submitted that the Impugned Mark is phonetically,
visually, and structurally identical to the Petitioner's Mark, thereby causing
confusion and deception amongst consumers. The Petitioner relies upon the
judgments in Amritdhara Pharmacy (supra) and K.R. Chinna Krishan
Chettiar (supra) to support this contention. It is correct that phonetic
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SHARMA
Signing Date:09.01.2026
19:11:41
similarity is an important factor in determining likelihood of confusion.
However, the assessment of similarity must be undertaken holistically, taking
into account the visual, phonetic, and conceptual aspects of the Marks, as well
as the surrounding circumstances, including the presence of House Marks and
the nature of the goods.
S. Syed Mohideen vs P. Sulochana Bai on 17 March, 2015
a. S. Syed Mohideen v. P. Sulochana Bai, (2016) 2 SCC 683
b. Neon Laboratories Ltd. v. Medical Technologies Ltd. and
Ors., (2016) 2 SCC 672
c. Inder Raj Sahni Proprietor M/s Sahni Cosmetics v. Neha
Herbals Private Limited and Another, 2025 SCC OnLine
Del 3341
8.11.
Neon Laboratories Ltd vs Medical Technologies Ltd. & Ors on 5 October, 2015
a. S. Syed Mohideen v. P. Sulochana Bai, (2016) 2 SCC 683
b. Neon Laboratories Ltd. v. Medical Technologies Ltd. and
Ors., (2016) 2 SCC 672
c. Inder Raj Sahni Proprietor M/s Sahni Cosmetics v. Neha
Herbals Private Limited and Another, 2025 SCC OnLine
Del 3341
8.11.
Kia Wang vs The Registrar Of Trademarks & Anr. on 15 September, 2023
9.8. Section 11 of the Act applies only where the disputed Mark is
used subsequent to an earlier Trade Mark. The common thread
running through Sections 11(1) and 11(2) of the Act is that both
provisions require the identity or similarity of the impugned
mark with an earlier Trade Mark. Once it is established that the
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Signed By:NEELAM C.O. (COMM.IPD-TM) 85/2021 Page 10 of 21
SHARMA
Signing Date:09.01.2026
19:11:41
petitioner is not an earlier trade mark by way of registration of
trade mark application, the applicability of Section 11 of the Act
stands extinguished and becomes infructuous. Reliance was
placed in the decision of Kia Wang (supra) while making the
above submission.
Meso Private Limited vs Liberty Shoed Ltd. And Anr on 8 August, 2019
a. Valvoline Cummins Limited v. Apar Industries Limited,
2013 SCC OnLine Del 6414
b. MESO Pvt. Ltd., Mumbai v. Liberty Shoes Ltd., Haryana
and Another, 2019 SCC OnLine Bom 1506
9.10. The Petitioner's Goods under the Petitioner's Mark under Class
05 are for biodegradable disinfectants (phenyl), ayurvedic and
medicinal preparations, antiseptic and antibacterial preparations,
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Signed By:NEELAM C.O. (COMM.IPD-TM) 85/2021 Page 11 of 21
SHARMA
Signing Date:09.01.2026
19:11:41
germicides, preparations, and substances for neutralizing,
controlling, or reducing allergens, medicated skin and hair care
preparations, mosquito repellent, toiletries, cosmetic. The goods
of the Respondents under the Impugned Mark under Class 05 is
for sanitary preparations. Hence, there is no possibility of
confusion or deception as the rival goods themselves are entirely
different.