Marks Act 1958 and has
thereafter noted, in paragraph 49, Section 17 of the Trade and
Merchandise Marks Act 1958, to conclude that such marks ... makes it ample clear
that a registered proprietor of a composite mark cannot seek
exclusivity with respect to individual components of the
trademark. Therefore
trade mark "Ramdev" alone under Trade Mark No. 447700, the later paragraphs refer to the registration of several other marks ... 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
trade mark, what association he would form by
looking at the trade mark, and in what respect he would
connect the trade mark with ... import of such words is
that the registration of the composite mark will not ipso facto
confer any exclusive right as to the parts
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
Radico Khaitan Limited vs Carlsberg India Private Limited on 16 September, 2011
Author: Manmohan Singh
trade mark, and
to oppose the registration of a trade mark which so nearly
resembles its trade mark that it is likely to deceive ... 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
import of such words is that the
registration of the composite mark will not ipso facto confer any
exclusive right as to the parts ... composite mark. But if the
owner can establish exclusivity aliunde, the owner can assert the
exclusivity. The registered owner is entitled to protection
alone. The invoices as well as the
advertisements consisted of the composite mark `MOET & CHANDON‟.
(d) The Petitioner did not produce any evidence ... invoices and advertisements produced by
the Petitioner consisted of the composite mark `MOET & CHANDON‟.
14. In light of the above concurrent findings
Unreserved Category securing minimum 50%
marks and candidates in the Reserved Category securing minimum of 40%
marks in the written test were called for interview ... that the issue regarding drawing of
consolidated list of candidates with composite marks of written test and
interview was considered by CCI in its special
trade mark on 23.12.2005. By the order dated 22.09.2010, the Deputy Registrar of Trade Marks granted registration of trade mark and the trade mark certificate ... nature of the marks i.e. whether the marks are word marks or label marks or composite marks, i.e., both words and label words
