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1 - 9 of 9 (0.36 seconds)M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk ... on 26 July, 2018
8. The registration relied upon by the opponent to show the use of
the mark "JBR" for class 12 goods is limited only in respect of
MOTORS PARTS", whereas, the goods of the applicant are limited
to 'VEHICLE COVERS' only. It is evident from the records available
before me that the goods of rival parties are different from each
other, and the law is settled that proprietor of trademark cannot
claim monopoly over the entire class on the basis of registration for
some particular goods falling under that particular class. The
Supreme Court in MIS. Nandhini Deluxe vs. Karnataka Co-
Operative Milk Producers Federation Ltd., has held that the
proprietor of a trade mark cannot enjoy monopoly over the entire
class of goods particularly when he is not using the said trade mark
in respect of certain goods falling under the same class.
Section 91 in The Trade Marks Act, 1999 [Entire Act]
Balkrishna Hatcheries vs Nandos International Ltd. And Anr. on 4 June, 2007
4. In British Sugar Plc. v. James Robertson & Sons Ltd. [1996]
R.P.C. 281 at 294-297, relied upon in Balkrishna
Hatcheries v. Nandos International Ltd. 2007 SCC OnLine
Bom 449 and Advance Magazine Publishers, Inc. v. Just
Lifestyle Pvt. Ltd. 2016 SCC OnLine Bom 8417, the court laid
down the objective test for similarity of description of
goods/services as follows:
Advance Magazine Publishers Inc And ... vs M/S Just Lifestyle Pvt Ltd on 18 November, 2011
4. In British Sugar Plc. v. James Robertson & Sons Ltd. [1996]
R.P.C. 281 at 294-297, relied upon in Balkrishna
Hatcheries v. Nandos International Ltd. 2007 SCC OnLine
Bom 449 and Advance Magazine Publishers, Inc. v. Just
Lifestyle Pvt. Ltd. 2016 SCC OnLine Bom 8417, the court laid
down the objective test for similarity of description of
goods/services as follows:
Section 57 in The Trade Marks Act, 1999 [Entire Act]
The Trade Marks Act, 1999
Punjab Tractors Ltd. vs Pramod Kumar Garg. on 14 January, 2000
In accordance with the law laid down in FDC Limited (supra),
when the present controversy is perceived from the commercial and business
Signature Not Verified C.A.(COMM.IPD-TM) 23/2024 Page 13 of 14
Signed By:NEELAM
SHARMA
Signing Date:17.01.2026
18:23:54
point of view, there could be confusion in the minds of the purchasing public
that the competing goods stem from the same trade source.
Assam Roofing Limited vs Jsb Cement Llp on 20 April, 2018
In Assam Roofing Ltd. v. JSB Cement LLP 2015 SCC OnLine
Cal 6581, the learned Single Judge in Para 80 observes- "The
test of similarity of goods is looked at from a business and
commercial point of view. The nature and composition of the
goods, the respective uses of the articles and the trade channels
through which they are brought and sold all go into
consideration in this context". (emphasis supplied)
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