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1 - 8 of 8 (1.18 seconds)Section 91 in The Trade Marks Act, 1999 [Entire Act]
Manu Garg And Ratan Behari Agrawal vs Registrar Of Trade Marks on 1 February, 2023
In Manu Garg & Ratan Behari Agrawal v. Registrar of Trade Marks,
2023 SCC OnLine Del 581, this Court held that an additional requirement
under Sections 11(1)(a) of the Act would be the aspect of likelihood of
confusion and likelihood of confusion is not to be easily presumed. The nature
of the goods and the class of their purchasers have to be borne in mind while
deciding on the likelihood of confusion.
Mankind Pharma Ltd vs Cadila Pharmaceuticals Ltd And Ors on 22 January, 2015
In Mankind Pharma Ltd. v. Cadila
Pharmaceuticals Ltd. 2015 SCC OnLine Del 6914, this Court has held that
the Appellant having established its first user of the word 'KIND' is entitled
to a higher protection for the word 'KIND'. Due to its continuous and
extensive usage, the word 'KIND' has come to be exclusively associated with
Signature Not Verified C.A. (COMM.IPD-TM) 13/2025 Page 8 of 10
Signed By:NEELAM
SHARMA
Signing Date:09.01.2026
18:45:10
the Appellant, and this would entitle the Appellant to a higher protection for
the 'KIND Family of Marks'. The Mark 'MANKIND' belonging to the
Appellant has been determined under Rule 124 of the Trade Marks Rules,
2017 as a well-known Trade Mark by the Registrar of Trade Marks and has
been published in the Trade Marks Journal No. 1978 dated 14.12.2020 as a
well-known Mark and included in the list of well-known Trade Marks
maintained by the Registrar of Trade Marks.
Lite Bite Travel Foods Private Limited vs The Registrar Of Trademarks on 18 January, 2023
In Lite Bite Travel Foods (P) Ltd. v. Registrar of Trademarks, 2023
SCC OnLine Del 296, it has been held that the existence, or likelihood of
confusion is an issue of fact. Until and unless, on facts, it is established that,
owing to identity / similarity of the mark of which registration is sought, and
of the goods / services covered thereby, with an earlier mark, there is
likelihood of confusion / association in the mind of the public, registration
cannot be refused on that ground.
Mankind Pharma vs Lemford Biotech Pvt Ltd. And The ... on 29 May, 2023
8.7 In Mankind Pharma v. Lemford Biotech Pvt. Ltd. and the
Registrar of Trade Marks, Neutral Citation: 2025:DHC:1232,
Mankind Pharma Ltd v. Arvind Kumar Trading and Anr.,
Neutral Citation: 2023:DHC:2700, Mankind Pharma Ltd. v.
Mankind Pharma Limited vs Dr. Kind Formulation Pvt. Ltd. And The ... on 5 September, 2022
2024:DHC:7590, Mankind Pharma Ltd. v. Gurinder Singh,
C.O. (COMM.IPD-TM) 257/2022 and Mankind Pharma Ltd. v.
Dr. Kind Formulation Pvt. Ltd. and the Registrar of Trade
Marks, C.O. (COMM.IPD-TM) 282/2022, this Court has
recognised that the Appellant is the prior user of the KIND
Family of Marks.
Mankind Pharma Ltd. 208, Okhla ... vs Gurinder Singh, 205, Cedar Ansal ... on 14 November, 2022
2024:DHC:7590, Mankind Pharma Ltd. v. Gurinder Singh,
C.O. (COMM.IPD-TM) 257/2022 and Mankind Pharma Ltd. v.
Dr. Kind Formulation Pvt. Ltd. and the Registrar of Trade
Marks, C.O. (COMM.IPD-TM) 282/2022, this Court has
recognised that the Appellant is the prior user of the KIND
Family of Marks.
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