trade mark taken as a whole.
(2) Notwithstanding anything contained in sub-section (1), when a trade mark--
(a) contains any part--
(i) which ... registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade mark; or
(b) contains any matter which
defendants' trade mark because he was not aware of their application. Since the entry of the trade mark in the register was made wrongly ... Amritdhara, its exact composition is not known to anybody. People only make conjectures about its exact composition. The trade mark is not publici juris
A History Of Ancient Sanskrit ... vs Sandys
1
4501
children of the rishi Kratu.
Mandala
Trade Marks Act, 1999 provided for such an additional forum by enacting sub-section (2) of Section 134 of the Trade Marks Act. The court ... supra) as under:-
"34. What then would be meant by a composite suit? A composite suit would not entitle a court to entertain
fact that 'Jain Shikanji' is a registered trade mark under Trade Mark and Merchandise Act 1958 being registration no. 820925. The said notice ... that "Where common marks are included in the rival trade marks, dissimilarity in essential features in devices and composite marks are more important than
widened language of the Trade Marks Act, 1938 , Section 4 , giving the registered proprietor of a trade mark in respect to any goods ... trade mark in relation to those goods" did not alter this essential conception of a trade mark in law."
In this case, therefore
meats under the trade mark Dodha and has been carrying on his business under the trade name Dodha House, which trade mark was adopted ... trade mark/trade name/label/wrapper and art work chosen by the defendant No. 1 is similar to that of the plaintiff in its composition
action for passing off on the basis of unregistered trade mark of the defendant, the Apex Court in Cadila Health Care Ltd. v. Cadila Pharmaceuticals ... marks, i.e., whether the marks are word marks or label marks or composite marks, i.e.. both words and label marks.
(b) The degree
knowledge of English language or of the language in which the trade mark in written and to whom different words with slight difference in spellings ... nature of the marks i.e. whether the marks are word marks or label marks or composite marks i.e. both words and label works
offer services the trade marks (or brand) which belongs to another, it is incorrect to state that the brand or mark, associated with the product ... transfer the composite bunch of services to other parties, apart from it retaining ownership to the same. The ownership in the trade mark, logo, service
