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
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
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
registration has been granted to the plaintiff in respect of the
composite mark „SUPER CUTESTERS‟, „SUPER CUTES‟ and
„SUPER CUTEZ‟ and not the wordmark „SUPER ... terms of Section 17 of the Act, registration of a composite mark
will not confer any exclusive right to the plaintiff in respect
Courts while dealing with
the case of trademark infringement, involving composite marks must
consider the same in their entirety as an indivisible whole rather than ... particular portion or element of a mark in case of
composite marks and that the principle of 'anti-dissection' does not
Signature
that the Defendants have a
valid and subsisting registration in the composite mark
in Class 5, for which they had applied on
18.12.2018 and secured ... Plaintiffs' mark is registered. The
answer, in my opinion, is an emphatic 'no'. Defendants' registered mark is a
composite mark consisting
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 ... particular portion or element of
a mark in case of composite mark. Thus, a
particular element of a composite mark which
enjoys greater prominence
mandated that Courts while dealing
with cases of trademark infringement involving composite marks, must
consider them in their entirety rather than truncating or dissecting them ... trade
mark. Even the learned single judge agrees to this proposition
when the learned judge quotes McCarthy on Trade Marks that
all composite marks
