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
respondents marks".
28. The Registrar of Trade Marks granted registration. He held that,
though the rival marks were device marks, they were composite marks ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a
Whole : Conflicting composite marks
are to be compared by looking at
them
principle that exclusivity cannot be claimed
over individual parts of a composite mark, which are not separately
individually registered under the Trade Marks ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole :
Conflicting composite marks are to be
compared by looking at them
extracted
hereunder:-
Plaintiff's Marks Defendants' Mark
34. It is evident that the rival marks are composite marks and their
registration will ... 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
Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole : Conflicting
composite marks are to be compared by looking ... 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
untenable pleading. Each mark must be assessed independently, and
cherry-picking generic or unregistered features from multiple marks
to fabricate a composite case of infringement ... registered
mark 'WOW! MOMO' and Defendant No. 1's mark.
Plaintiff's mark Defendant's mark
Signature Not Verified
Signed
mark
for the goods of the respective owners of the marks."
64. In relation to the infringement actions where the competing
marks are composite ... mark as deceptively similar by examining a portion of the mark
and comparing it with the portion of another mark when the composite
marks, when
registered trade mark.
(5) A registered trade mark is infringed by a person if he uses such registered trade mark, as
his trade name ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole :
Conflicting composite marks are to be
compared by looking at them
present suit. Admittedly, the plaintiff is only proprietor
of the composite mark 'HAC' logo with Hearing Aid Centre” in class 10 whereas ... admitted in his evidence that trademark applied and obtained only for composite
mark with Hearing Aid Centre. Therefore, when the plaintiff is using the same
impugned
mark would apply to all the plaintiff's marks, including the device
mark and the word mark CHINA BISTRO, neither of which ... attach to the remaining marks including the word mark
CHINA BISTRO.
46. Ultimately, in view of Section 17 of Trade Marks
