present suit. Admittedly, the plaintiff is only proprietor
of the composite mark 'HAC' logo with Hearing Aid Centre” in class 10 whereas ... admitted in his evidence that trademark applied and obtained only for composite
mark with Hearing Aid Centre. Therefore, when the plaintiff is using the same
other mark/trade mark/logo/device which is
identical and deceptively similar to that of the plaintiffs logo mark.
CS (COMM.) 1031/2018 Page ... submit that the
essential features of a composite trademark are protected by registration of
the composite mark. Hence, the polo player device being an essential
notice that the registration granted to
Hindustan is of the composite mark "DISPOCANN" repeated in a stylized font (all
in capitals ... makes it ample clear that a
registered proprietor of a composite mark cannot seek exclusivity
with respect to individual components of the trademark. Therefore
respondent is claiming registration of trade mark/service mark, which
is a composite mark and it is registered as a device, the respondent
cannot pick ... considered:
The nature of the marks i.e. whether the marks are word marks or
label marks or composite marks i.e. both words
India and abroad which use the mark CENTRAL PARK.
Innumerable Indian projects under the trade mark „CENTRAL PARK‟ are
registered under the Real Estate Regulatory ... mark
registered for „CENTRAL PARK‟ and thus, it cannot claim right to the word
„CENTRAL PARK‟. The mark of the plaintiff is a composite mark
mark, the extent of use of the mark, the global priority in
adoption of the mark, the well-known status of the mark, the advertising ... investment in the mark, judicial decisions upholding the
distinctiveness of the mark and the localized reputation of the mark.
Sometimes, the composite nature
registration of a trade mark;
c. Application for rectification of a registered trade mark;
d. Infringement of trade mark;
e. Passing Off.
The expression ... 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
copyright may be said to
be proved.
12.6. The two mark Nos. A81931/2008 and A81932/2008 noted below
have been registered ... plaintiff was skiing
expedition. Further the copyright is claimed in the composite mark
including Himalayan Heli Services with the logo of mountain with clouds
plaintiff‟s mark CONCRETO
and the impugned defendants‟ mark CONCRETA is that the alphabet
„O‟ in the plaintiff‟s mark CONCRETO has been replaced with ... plaintiff‟s
registered mark is visually and phonetically similar to the defendants‟
mark.
36. Not only are the marks similar, but the goods being sold
registered
proprietor of the trade mark "TODAY" and other TODAY composite ... marks under numerous classes of the Trademarks Act, 1999 . It is
further stated that the trade mark "TODAY" and other TODAY
composite marks
