AFZA'
solely by virtue of being a proprietor of a composite mark 'ROOH
AFZA'. The registration of the mark 'ROOH AFZA ... marks are similar, it may be expedient to examine the
dominant part of the marks and it is also settled that a composite mark
supra) in which it is stated that the registration of the composite mark
would not ipso facto confer any exclusive rights as to the parts ... supra),
the mark therein was registered as the word mark "AYUR" along with an
elliptical band around it - thus a composite
whisky since 1995. As such,
he submits that use of any composite mark by others, with ―PRIDE‖
as the second component of the mark would ... examining (i) the nature of the marks, i.e. whether they are word
marks/label marks/composite marks, (ii) the degree of similarity
between
important feature in a
product of this kind, containing a 'composite mark'
(includes get up, visual marks, labels, symbols, logos,
devices and verbal ... 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
registered owner in respect of the prominent part of the
composite mark. If such prominent part is per se not registrable or can be
said ... import of such words is that the registration of the composite
mark will not ipso facto confer any exclusive right as to the parts
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 ... mark as a whole and
not by its component parts. The Identification of 'Dominant Mark' would suggest
that while a mark
Page no. 23 of 33
various decisions that when comparing conflicting composite marks, the court
must look at them as a whole rather than breaking ... case of composite marks. As a result, a 'dominant mark' is a
component of a composite mark that has a higher prominence than
trade mark, what association he would form by
looking at the trade mark, and in what respect he would
connect the trade mark with ... import of such words is
that the registration of the composite mark will not ipso facto
confer any exclusive right as to the parts
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 was registered in 1979; ROMA's "ROKA" mark was registered in 1996. It is an
undisputed fact that the rival 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
