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
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
Trade Mark Tribunal in considering the distinctive character of the trade mark is thus required to take into account the registration of trade mark ... that if the trade mark is a composite mark comprising of one or more elements which constitute a registered trade mark then
earlier counsel on record for the plaintiff. The trade mark registered is composite mark i.e. Word THIRUMALA MILK with the device of Lord Balaji ... Trademark. As per Section 17(1) , when a trade mark is composite one consisting of several matters, its registration shall confer on the proprietor exclusive
