Section 171 of the Trade Marks Act, 1999 ("the Trade Marks Act "),
which proscribes claiming of any exclusivity in respect of part ... invokes Section 17 of the Trade Marks Act
to contend that, as the plaintiff's marks are composite in nature, it is not
permissible
Trade Mark of the
Appellant/Plaintiff is a device mark. In view of Section 17 of the Trade
Marks Act, when the Trade Mark consists ... 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
mark' as defined under the Trade Mark Act . Any adoption or
use of the trade mark ESPACE or of any deceptively similar
mark ... other trade mark /
trading name / service mark and domain name as may
be identical to or deceptively similar with or
containing the trade mark ESPACE
remedy to a plaintiff, who uses a registered design, as his trade
mark, is untenable. Our view is fortified by the opinion
expressed in that ... configuration, pattern,
ornament or composition of lines or colours applied to any
article.......; but does not include any trade mark as defined in
clause
registration
is in respect of a device mark and that the element “Jodi” in the composite
mark is not entitled to protection. The Plaintiff cannot ... Plaintiff's device mark Defendant's label mark
Similarly, the trade dress from the respective mobile application is set out
below:
Plaintiff
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 ... proprietor of the trade mark to the use of
any particular word or name contained therein apart from the
mark as a whole
ancillary to its
main object. The permission to use the trade mark, brand name, as well as
the stylized " S" given ... trade mark, etc., was not free
of cost but was camouflaged in the composite payment made for various
services ;
(ii) the assessee
using by way of permitted use, in the course of trade, uses a
mark, which is identical with or deceptively similar to the registered
trademark ... Plaintiff in question is a label mark and the Plaintiff
does not have registration in the marks ' / DHOLA
MAARU' (words
trade mark 'RPG'.
13.5 This Court should not encourage monopoly of a 'word mark' when the
trade mark registration classes ... justified
in coining the trade name followed with the generic word describing the services
offered by them as composite logo marks.
SSP 16/78
nmcd
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 ... portion or element of
a mark in case of composite mark. Thus, a
particular element of a composite mark which
enjoys greater prominence
