which would follow if each of
the marks is used in the normal way as the trade mark for
the goods of the respective owners ... part of the words forming the
competing marks may not be decisive. The overall similarity of
the composite words is required to be seen, having
FRUIT
OF THE LOOM' mark to ‗FRUIT FLOPS' and ‗FRUIT CUPS'
mark and found the marks to be dissimilar. The Court observed ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole :
Conflicting composite marks are to be compared by
looking at them
particular portion or element of a
mark in cases of composite marks. Thus, a particular element of a
composite mark which enjoys greater prominence ... Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole :
Conflicting composite marks are to be compared by
looking at them
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
composite mark, where that part is
not separately registered as a trade mark. The plaintiffs' mark "GK
HAIR" is a composite mark ... mark and later sees the defendant's mark compares the 2
marks as whole marks, even so, while so comparing the marks, the
consumer
said trade mark.
*****
12. That the applicant's trade mark namely
QUANTUM-HI-TECH-QHMPL GROUP being the
composite trade mark represented in very ... said
composite mark was in no way similar to the marks used by Quantum
USA and that, therefore, the registration of the mark in the
appellant
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
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
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
