label, brand, mark on his products and commenced using the said mark as its trade mark on the products of the appellant from the year ... goods in the course of trade, such mark which is identical with and/or deceptively similar to the trade mark of the appellant
deceptively similar to the trade mark "GRANDLAY" inasmuch as the last three letters in the two trade marks are same. Furthermore, there ... sound in the two trade marks. While deciding the question as to whether the two trade marks are phonetically and deceptively similar, we have
August, 1968, Addison used the trade mark of Hardie in its capacity as Registered User of Trade Mark by agreement dated ... that subsequently Addison used the trade mark of Hardie in its capacity as registered user of the trade mark, pursuant to the agreement entered into
defendants is that the defendants manufactures, trades and is
selling inferior quality spices under the trade mark / label / trade name /
Signature Not Verified
Digitally Signed ... Further, the Trade Mark Registry has not been informed of the
assignment. Hence, the plaintiff has no title to the said trade mark
registered device trade marks have been conveniently ignored
by the Trial Court. The device trade mark registered in its
composite form is distinctively different from ... trade mark of the plaintiff is
a device mark. In view of Section 17 of the Trade Marks
Act, 1999, when the trade mark consists
phonetically or structurally to the
petitioner's registered trade name/trade mark/service mark,
'SWAGATH' as the business of the respondent ... considered:
The nature of the marks i.e. whether the marks are word marks or
label marks or composite marks i.e. both words
said mark, the
Registrar of Trade Marks refused them the registration and
the only mark registered in favour of the defendants was a
composite mark ... registration of the said mark but the Registrar of Trade Marks
refused the registration and the only mark registered in
favour of the defendants
promote sales of its calendars
bearing the trade mark KALNIRNAY and the said trade mark
has become distinctive of the plaintiff's goods ... said mark, the
Registrar raised the objection to the registrability of the said
composite mark under Section 9 of Trade and Merchandise
Marks
deceptively similar trade mark also.
14. The trade mark "DIMMER DOT" of the defendants is admittedly not a registered trade mark although ... record indicates that they are using the trade mark "DIMMER DOT" as a registered trade mark in advertisements, invoices and pamphlets. Such
marks means
more than taking just one component of a composite trade mark and
comparing it with another mark; on the contrary, the comparison must ... that the overall impression conveyed to the relevant public by a
composite trade mark may not, in certain circumstances, be dominated by
one or more
