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
about the
use and registration of the trade mark DROTIN while adopting the
impugned mark. The illegal trade activities of the defendants are causing
irreparable ... deceptively similar trade mark also.
14. The trade mark "DIMMER DOT" of the defendants is
admittedly not a registered trade mark although
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
give up the unauthorized and unlawful use of mark VAT 999
and infringing trade dress of JOHNNIE WALKER Red Label bottle. The
defendant however ... square shaped bottle, the stenciled lettering style in respect of the composite trade
mark and slanted central label with bold coloured border and red inner
refers to Section 17 of the Trade
Marks Act, 1999 which reads:-
"(1) When a trade mark consists of several matters, its registration
shall ... 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
administrative framework to facilitate search for conflicting marks and
examination by the Trade Marks Registry. In the Australian Wine Importers TM
case ... 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
said trade dress to be the trade mark PRIMOSA;
whereas the essential feature of the defendant's trade dress is EPO
FORTE. Additionally ... public
confusion. Further, the presence of defendant's composite mark
UNIVERSAL on the trade dress and the plaintiff No.1's house mark
features, packing styles, descriptive matters in its composite form is original, own invented, coined and unique trade mark and has acquired a good valuable reputation ... 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
La Opala R.G. Ltd vs Cello Plast & Ors on 11 October, 2018
Equivalent
trade mark of the plaintiff has been wrongly registered.
5. A perusal of the impugned trade mark shows that the trade
mark which is being ... mark „OM LOGISTICS LTD‟ to
be a „well-known trade mark‟ in terms of Section 2(zg) of the Trade
Marks Act, 1999 (Trade Marks
