composite trade mark and
comparing it with another mark; on the contrary, the
comparison must be made by examining each of the marks
in question ... mark to be considered as a whole - has statutory
foundation under the Trade Marks Act, 1999 , the doctrine of the
dominant mark is a judicially
Trade Marks Act, 1999, is
misplaced. Firstly, the Defendants do not hold registration for the word
mark "SIYARAM", but only for a composite ... Secondly, Section 17 of the Trade
Marks Act, 1999, makes it clear that registration of a composite mark does
not confer exclusivity over its individual
JUDGMENT DATED: 20/02/2026
undefined
of the Trade Marks Act, 1999 , in Commercial Trade Mark Suit No.1
of 2022 preferred by the plaintiffs ... number) that they are the
users and registered trade mark holders of the mark "GULAB" for
their products, namely Groundnut
Trade Marks Act 1999, for the goods mentioned therein falling in
different classes.
5) Plaintiff averred that it represents its said trade mark/label ... composite label/trade dress formats, in an artistic manner
including in distinct get-up, lettering style etc. and the said trade
marks/labels have been
asserted that DRL itself claims rights over the composite
mark "Dr. Reddy's" and not the word "REDDY" standing alone ... mark "Dr. Reddy's" as a
whole, including the additional elements (such as the full name and
logo), was the composite mark
mark did
not infringe Sanjay Sonavane's 3P mark, Section 17(2) 10 of the Trade
Marks Act which does not permit exclusivity ... composite mark, to be pleaded on the basis of any individual part of
the mark which is not separately registered as a trade mark
device
mark, and therefore in view of Section 17 of the Trade Marks
Act, the plaintiff is not entitled to dissect the mark "Shree
Kshetrapal ... mark, Section 11
examines the relationship between the proposed mark and
existing marks. The provision bars registration where the
mark sought to be registered
granting such relief.
"15. Having compared the two products and trade marks found on
the said products, it is found that a strong prima ... 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
Trade
Marks Act, 1999 provides for infringement by spoken use of distinctive
elements of a registered trade mark. The Plaintiff's mark being
descriptive ... trade mark "Astro Dunia" along with different devices and the
Plaintiff's registered trade mark which is the composite label
registered trade mark to sue for infringement when
though the impugned trade mark is identical with the
registered trade mark, but is used in relation ... 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
