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
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 ... assessment of the
marks is tabulated under:
Appellant's Marks Respondent's Mark
, ,
, ,
, ,
14. A bare perusal of these marks would prima facie
registration was sought for is a composite mark comprising of a
device mark and a word mark viz., "PAKODA POINT ... mark only based on the word Mark "PAKODA POINT", whereas
the appellant had applied for Trade Mark registration in respect of a
composite
device mark where
disclaimer was provided as "the mark as a label should be used in whole as a
composite mark and there ... conceptual similarity
between the marks.
(ii) The overall impression created by the marks.
(iii) The impact that the impugned marks have on the
relevant public
between trade mark of the appellant and that of plaintiff-respondent, composite mark is to be seen and there can be no trade mark ... mark, which is as under:-
"17. Effect of registration of parts of a mark.- (1) When a trade mark consists of several matters
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
registered device trade marks have been conveniently ignored
by the Trial Court. The device trade mark registered in its
composite form is distinctively different from ... trade mark of the plaintiff is
a device mark. In view of Section 17 of the Trade Marks
Act, 1999, when the trade mark consists
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
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
