LOOM'
mark to 'FRUIT FLOPS' and 'FRUIT CUPS' mark and found the marks
to be dissimilar. The Court observed that ... 2014 Page 10 of 26
[a] Compare composites as a Whole: Conflicting composite
marks are to be compared by looking at them as a whole
which would follow if each of
the marks is used in the normal way as the trade mark for
the goods of the respective owners ... part of the words forming the
competing marks may not be decisive. The overall similarity of
the composite words is required to be seen, having
FRUIT
OF THE LOOM' mark to ‗FRUIT FLOPS' and ‗FRUIT CUPS'
mark and found the marks to be dissimilar. The Court observed ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole :
Conflicting composite marks are to be compared by
looking at them
exclusivity cannot be claimed over
one of the elements of a composite mark, the Plaintiff contended that Section
17 of the Trade Marks ... device mark and that the element “Jodi” in the composite
mark is not entitled to protection. The Plaintiff cannot and does not dispute
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 ... competing marks are deceptively
similar by examining a portion of one mark and comparing it with the
portion of another mark, if the composite marks
Trade Marks Registry raised objections
under Section 11 of the Trade Marks Act, 1999 (the Trade Marks Act . With
specific reference to the device mark ... Section 17
of the Trade Marks Act, 1999 (the Trade Marks Act ) in respect of one
element of a composite mark. Since ''Hitech
particular portion or element of a
mark in cases of composite marks. Thus, a particular element of a
composite mark which enjoys greater prominence ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole :
Conflicting composite marks are to be compared by
looking at them
Sona Mandhira Pvt. Ltd. & Anr. vs Sona Blw Precision Forgings Ltd. & Ors. on
marks as whole marks, in their entirety, and
cannot compare individual parts of the marks which are not separately
registered. The manner in which composite ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a
Whole : Conflicting composite marks
are to be compared by looking at
them
composite mark, where that part is
not separately registered as a trade mark. The plaintiffs' mark "GK
HAIR" is a composite mark ... mark and later sees the defendant's mark compares the 2
marks as whole marks, even so, while so comparing the marks, the
consumer
