comprised of three syllables, with
'Vi' as a common prefix and 'Ra' as a similar suffix, producing a strikingly
similar auditory
OTRINIR". Visually, the dominant presence of the common
prefix is likely to anchor consumers' first impressions, thus possibly
diminishing and overshadowing the distinctiveness ... prefix
'OTRI'.
17. However, these attempts by Respondent No. 1 to portray 'OTRI' as a
generic term commonly used within
registrations of several marks
in its favour which have common prefix of 'DURO'.
3. Further, Mr. Singh has pointed out that although
adoption of the trade mark, since the prefix and suffix go is a common
English term, hence there is no difference between cited mark
combination of two letters of the English
alphabet as a prefix to the numeral '40' with the sole intention of riding on
Plaintiff ... products, there is no likelihood of confusion. He argues that the prefix 'HP',
which is also used in Defendant
M/S Paridhi Udyog vs Jagdev Raj Sarwan Ram Dhiman on 29 April, 2019
Equivalent
their rights to the "TIGER" trademark,
under both statutory and common law. This alleged infringement violates
the Plaintiff's long-established trademark ... incorporate the term "TIGER," the central issue is whether the prefix "CD,".
in " ", despite its distinctive stylization, sufficiently alters
only commonality between the concerned marks is the word
"AGGARWAL", which is a common surname and Plaintiff cannot
have any monopoly over ... registered in the same class, with
"AGGARWAL" as suffix or prefix, as listed at page No. 6 of the
3
As per Reports
used
interchangeably. The words - 'disc' and 'tube' are common English words -
the former refers to a flat circular object ... Disc Tube RO'. The above use by
Defendant is prefixed with its mark viz. 'INDION', which is indicative of
source, and thus
2022/DHC/001023
20. No doubt, both word-marks use the prefix "LA", of Spanish language
origin, but that can be no ground ... Plaintiff cannot claim any monopoly over the same. Besides,
this grammatical commonality and adoption thereof cannot be a ground to
allege deceptive similarity between
