Trade Marks Act, 1999 though permits the suit
based on infringement of the registered trade mark or relating to any right
arising there from ... Defendant of any trade mark which
is identical with or deceptably similar to the plaintiff's trade mark whether
registered or unregistered. The said
other elements of the mark. Similarly, it
is improper to find that one portion of a composite mark has
no trademark significance, leading ... McCarthy on
Trade Marks and Unfair Competition [J Thomas
McCarthy, IV Ed., Clark Boardman Callaghan
2007] under the sub-heading "Comparing Marks:
Differences
Trade Marks Act is
applicable to clauses (a) and (b) of section 134(1)
of the Trade Marks Act. Thus, a procedure to
institute suit ... maintainability of a composite suit for infringement of the Copyright
Act and the Trade and Merchandise Marks Act, 1958 , the decision
being that merely
when a trade mark consists of several
matters, its registration confers on the proprietor exclusivity only to
the trade mark taken as a whole ... trade mark consists of several matters, its registration confers
exclusivity on the proprietor only to use the trade mark as a whole.
When a trade
note reads as under:-
"The assessee had rights in certain trade mark under the name and style of Nirma and
Nima which were self ... findings of the
revenue authorities to be accepted that the trade-marks/brands are
composite and cannot be bifurcated between the period
Trade Marks Act is
applicable to clauses (a) and (b) of section
134(1) of the Trade Marks Act. Thus, a
procedure to institute suit ... about maintainability
of a composite suit for infringement of the Copyright Act
and the Trade and Merchandise Marks Act, 1958 , the
decision being that merely
plaint, the trademark/ name KENT is a coind and
invented mark, which was first adopted in the year 1988 for
manufacturing and selling oil apparatus ... have secured registrations under the Trade
Marks Act, 1999 , for exclusive use of the trademark KENT and for
other composite marks including the word
such trade marks in
relation to the goods in respect of which the
trade mark is registered and to obtain relief in
respect ... trade mark. Even the learned
single judge agrees to this proposition when the
learned judge quotes McCarthy on Trade Marks
that all composite marks
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 ... marks,
phonetically similar and hence similar in idea.
(c) The nature of the goods in respect of which they
are used as trade marks
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 ... marks,
phonetically similar and hence similar in idea.
(c) The nature of the goods in respect of which they
are used as trade marks
