prescribes that, in the case of a 'composite mark'
(namely a mark consisting of several matters), the exclusive right conferred by
registration ... expressly prescribes that where a composite
mark contains matter which is common to the trade or is otherwise of a non-
distinctive character, registration
purpose of comparison, the rival marks are reproduced
hereinbelow:
Plaintiff's mark Defendant's mark
44. For purpose of assessing infringement, the anti ... comparison of the whole mark shows the dissimilarity in the rival
marks. The Plaintiff's mark is a composite label comprising of the
words
Marks Act, 1999 the generic or non distinctive element within a
composite mark cannot be monopolized individually and the prayers
seek relief against infringement ... marks. It noted the
observation from Granada Trade Mark 1979 (13) RPC 303 that a
disclaimer does not affect the significance which a mark conveys
mark even if such
component features are not separately registered as individual word marks. He also
submitted that it was well settled that a mark ... composite mark is shown to have acquired goodwill and is
recognised as a mark associated with the registered proprietor of the composite
label/mark
nature of the marks i.e. whether the marks are word marks or label marks or composite marks, i.e. both words and label marks ... character of the mark of the Plaintiffs or the validity of the mark. The mark of the Plaintiffs constitutes a composite invented word
restrained from using bottles with the trade
mark TANGO or any other mark with the mark TANGO in respect
of country liquor. The claim ... mark, not a
word mark and that the Plaintiff has no monopoly in the word
TANGO; that word is not a registered trade mark
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 ... present case may how be analysed. Both the marks are composite marks in that they are word marks and label marks. There is a significant
whole and that it is impermissible to dissect a composite mark
and fasten liability on the basis of an isolated or extracted element thereof ... Marks Act, 1999, is
misplaced. Firstly, the Defendants do not hold registration for the word
mark "SIYARAM", but only for a composite label
said
meeting that the respondent no.3 had scored the highest composite marks
and had emerged as the lowest bidder. The petitioner scored 97.79 marks ... were
opened on 11th July 2022. On the basis of the composite marks of
evaluation of Technical Score and Financial Evaluation, the respondent
mark shall be deemed to be deceptively similar to 'another mark if it so nearly resembles that other mark as to be likely ... nature of the marks i.e. whether the marks are word marks or label marks or composite marks i.e. both word and label marks
