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
Petition that the Petitioner is the present
Proprietor of the composite trade mark label containing the
word "TANGO PUNCH" (in Devnagari Script
trade mark i.e.
though any other kind of trade mark cannot be a design, a
shape trade mark can be a trade mark ... prohibition in the
Trade Marks Act to a design being a trade mark, in an action
for infringement of a trade mark or passing
only for a composite mark
unless registration is applied for each mark, the plaintiff cannot claim exclusive
right over the entire mark and the term ... prescribes that, in the case of a
'composite mark' (namely a mark consisting of several matters),
the exclusive right conferred by registration
relevant.
THERE IS NO SUPRESSION OR MISREPRESENTATION THAT
REGISTERED MARKS ZEN AND ZENMOBILE ARE WORD MARKS AS
THE PLAINTIFFS HAD PLACED ON RECORD THE REGISTRATION ... opinion that Section 17(2) of the Trade Marks
Act, 1999 relates to a composite registered trademark and the circumstances
under which exclusive rights
Trade
Marks Act, 1999. The section 84 of the Trade Marks Act 1999 is re-
produced as hereunder;
"84. Composition of Appellate Board ... India.
Relevant Provisions
21. Section 84(2) in the Trade Marks Act, 1999
Section 84- -Composition of Appellate Board.
(2) Subject to the other provisions
prohibition in the Trade Marks Act to a
design being a trade mark, in an action for infringement of a trade mark or
passing ... legislative intent is
that a trade mark cannot be a design, the features of shape, configuration
pattern, ornament or composition of lines or colours applied
registration of a trade mark;
c. Application for rectification of a registered trade mark;
d. Infringement of trade mark;
e. Passing Off.
The expression ... 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
coined and invented the trade
mark Profol in April 1998 and not applied for registration of the
said trade mark ... pharmaceutical industry it is commonplace
that trade marks reproduce and resonate the constituent
composition. While this aspect and feature may be a good
ground
mark "TODAY" and other TODAY composite
marks under numerous classes of the Trademarks Act, 1999 . It is
further stated that the trade mark
