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
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
mark
‘Dora’ is descriptive and that a condition or limitation should be imposed by
the Registrar of Trade Marks in relation to such marks ... petitioner.
(vi) Although the petitioner’s mark contains the element ‘VALLUVAR’,
such mark is a composite mark.
(vii) The petitioner is not aggrieved
above mentioned four marks. It is noticeable that all
four marks contain other elements and are composite marks.
5. Under the Trade and Merchandise Marks ... 2025 02:58:17 pm )
mark consisting of several matters (composite mark) confers on the
proprietor exclusive rights over the trade mark taken
device mark
was refused by citing Section 9(1)(a) of the Trade Marks Act, 1999
(the Trade Marks Act ).
2. The appellant ... Trade Marks raised
an objection under Section 9(1)(a) of the Trade Marks Act on the
ground that the mark is non distinctive
Trade Marks
raised an objection under Section 11(1) of the Trade Marks Act 1999
(The Trade Marks Act ) by citing conflicting marks ... counsel contends that the composite
mark of the appellant is clearly distinguishable from the said marks,
the said marks were applied for in relation
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 ... clear that both marks are
composite marks. Both marks have word mark elements. Both marks are
used in relation to identical goods, target the same
word
mark “SANGEETHA” on standalone basis. Even the word marks of the
plaintiff, such as “SVR SANGEETHA”, are composite marks consisting of at
least ... basis that the element “Sangeetha” in the plaintiff’s composite marks could be
considered as a prominent feature.
29. In light of the name “Geetham
Marks Act, 1999 (the Trade Marks Act ), by citing two
marks. The appellant replied thereto on 08.03.2017 by stating that
both the cited marks ... regards the second cited mark
(Trade Mark Application No.1944912), he submitted that such
registration is in respect of a composite device mark comprising three
mark
qualifies as a trade mark under Section 2(z)(b) or not.
9. Proceeding on the assumption that the plaintiffs' trade mark ... consequently, the protection is confined to the composite mark
and does not extend to the elements or constituents thereof. It is, no doubt, true
that
