mark even if such
component features are not separately registered as individual word marks. He also
submitted that it was well settled that a mark ... composite mark is shown to have acquired goodwill and is
recognised as a mark associated with the registered proprietor of the composite
label/mark
mark
'POWRNYM' before the Trade Marks Registry prior to filing of the
present suit despite it being advertised in the Trade Marks Journal ... more or less important for purpose of
analysis in cases of composite marks.
* * *
26. Dominant features are significant because they attract attention
and consumers
that the Courts whilst
dealing with cases of trademark infringement
involving composite marks, must consider the
composite marks in their entirety as an indivisible
whole ... 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
user since 08.02.2011. Ex.P.20 Trade
Mark Certificate is a composite mark for the words “Dr Trust”
45 Similarly ... registration.
Therefore, a composite trademark can be said to be infringed, if any part
of such composite mark is either
(1) registered as a separate
user since 08.02.2011. Ex.P.20 Trade
Mark Certificate is a composite mark for the words “Dr Trust”
45 Similarly ... registration.
Therefore, a composite trademark can be said to be infringed, if any part
of such composite mark is either
(1) registered as a separate
composite mark which enjoys greater dominance, may be termed as a
dominant mark. The illustration provided was of the mark 'Golden Deer'
wherein ... descriptive, or generic, mark, or part of the
mark, has acquired distinctiveness, or a secondary
meaning, invariably identifying the mark as
belonging to the plaintiff
seen by the Trade Mark Registry
while deciding whether to grant trade mark registration for a particular trade
mark or not. There are various parameters ... trade mark is
device mark, whereas the trade mark registration obtained by the appellant is
for the trade mark "SHIV AGARBATTI
alpha numeral Coronil 92B and Coronil 213 SPL as a composite mark
and not as a word for "Coronil" as envisaged under Section ... 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
SUNIL SINGH NEGI
Signing
Date:24.02.2022 18:22
composite mark as, in the registered marks of the plaintiff, "SERPENTI"
constitutes the prominent 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
other mark/trade mark/logo/device which is
identical and deceptively similar to that of the plaintiffs logo mark.
CS (COMM.) 1031/2018 Page ... submit that the
essential features of a composite trademark are protected by registration of
the composite mark. Hence, the polo player device being an essential
