mark' as defined under the Trade Mark Act . Any adoption or
use of the trade mark ESPACE or of any deceptively similar
mark ... composite
marks bearing the mark ESPACE, which is an essential
feature of all the trade marks. Infringing Mark is phonetically,
visually, structurally, and otherwise identical
appreciably when device marks are to be
compared or when a device mark is to be compared with a word
mark. ( Kerly para 17.07). After ... marks are being compared or when a device mark is
compared with a word mark." Dissimilarity in essential
features in devices and composite marks
deemed to be deceptively
similar to another mark if it so nearly
resembles that other mark so as likely to
deceive or cause confusion ... nature of the marks, i.e. whether the
marks are world marks or level marks or
composite marks, i.e. both world and level
marks
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 without the plaintiff's mark being
distinctive or the lack of resemblance of the defendant's mark despite the
plaintiff
Pitampura shows the use of the mark „PP Towers‟ as a composite
mark and the logo PPT. The word PP is not separately used even ... Plaintiffs as far as the construction activities were
concerned was the composite mark PP Towers. The Defendants on the other
hand uses PP as part
trade mark "Ramdev" alone under Trade Mark No. 447700, the later paragraphs refer to the registration of several other marks ... 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
Versus
Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole
Conflicting composite marks are to be compared by
looking at them ... anti-dissection rule
to view the component parts of conflicting composite
marks as a preliminary step on the way to an ultimate
determination of probable
nature of the marks i.e. whether the marks are word marks or label marks or composite marks, i.e. both words and label marks ... character of the mark of the Plaintiffs or the validity of the mark. The mark of the Plaintiffs constitutes a composite invented word
defendant
uses the mark 'SONAE EV' as its trade mark and this should be sufficient
to distinguish the mark of the plaintiff ... COMM) 383/2022 Page 21 of 24
in case of composite mark. Thus, a particular element of a composite
mark which enjoys greater prominence
import of such word is that the
registration of the composite mark will not by itself confer any
exclusive right as to the part ... composite mark. The registered
owner is entitled to protection of its goodwill in such prominent
feature as in an action of passing off unless
