Label"
as part of the mark "Khodays Black Label" conflicted with
the registered trade mark "Kalyani Black Label ... register as associated marks as required under section
15 and 16 of the Trade and Merchandise Marks Act, 1958.
It also held that in view
distinguishing features which perform the
function of a trade mark - the function of a trade mark
being that of 'source identification ... 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
person using a mark which is
the same or deceptively similar to his trade mark, he can
protect his trade mark by an action ... totally different from
the trade name. There could be cases where trade name is also
the trade mark but, in very many cases
suit is maintainable in respect of a
composite suit in respect of both the Trade Mark Act
and Copy right Act. Para ... Trade Mark Act for the relief of
passing off, when such being the case it should not
have been construed as composite suit. The suit
normal way as a trade mark for the goods of the respective owners of the marks. (p.777)
For deceptive resemblance two important questions ... Kerly on Trade Marks, 8th edition, p.400.)
11. A large number of decisions relating to the use of composite words, such as Night
mark. The purpose of the comparison is for determining whether the essential features of the plaintiff's trade mark are to be found ... nature of the marks i.e. whether the marks are work marks or label marks or composite marks i.e. both words and label works
their production
in the market in the year 1998 under the Trade Mark "Zigbir".
The application of the plaintiff for the grant ... method to manufacture and
sell herbal
poultry feed supplement under the trade mark Zigb
ir which is
being sold all over India and also exported
defendant has imitated or adopted that plaintiff's distinctive trade mark or business name, the order may be an absolute injunction that he would ... nature of the marks i.e. whether the marks are work marks or label marks or composite marks, i.e. both words and label works
device mark containing word 'TULASI'. It was submitted, as per
Section 17 of TMA, registration of a composite mark does not
ipso facto ... individual components
thereof, particularly when such components are descriptive or
common in trade. It was submitted, plaintiff's trademark
registration certificate contains a disclaimer
device mark containing word 'TULASI'. It was submitted, as per
Section 17 of TMA, registration of a composite mark does not
ipso facto ... individual components
thereof, particularly when such components are descriptive or
common in trade. It was submitted, plaintiff's trademark
registration certificate contains a disclaimer
