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
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
registration was sought for is a composite mark comprising of a
device mark and a word mark viz., "PAKODA POINT ... mark only based on the word Mark "PAKODA POINT", whereas
the appellant had applied for Trade Mark registration in respect of a
composite
marks,
(ii) Senior mark must have reputation in India,
(iii) Junior mark for dis-similar goods/services,
(iv) The use of the junior mark ... nature. The mark of the plaintiff is a "label mark" and the mark of
the defendants, is a "word mark
Similarities
(1) The Anti-Dissection Rule
(a) Compare composition as a Whole
Conflicting composition marks are to be compared by looking at them ... Compare composition as a whole.
21. A reading of the said judgment would show that the conflicting composition marks must be compared in their entireties
SUPERLINE' under TM.No.1353683 is for a device and composite mark. During the prosecution of the mark vide hearing dated 14.12.2005, the plaintiff ... label.' Therefore the plaintiff's trade mark is a composite mark which has combination of more than one work. The plaintiff does
applies to
both parties. While comparing marks, one should compare conflicting
composite marks by looking at them as a whole, rather than breaking the
marks ... Differencesv.Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole Conflicting
composite marks are to be compared by looking at
them
user since 08.02.2011. Ex.P.20 Trade
Mark Certificate is a composite mark for the words “Dr Trust”
45 Similarly ... registration.
Therefore, a composite trademark can be said to be infringed, if any part
of such composite mark is either
(1) registered as a separate
user since 08.02.2011. Ex.P.20 Trade
Mark Certificate is a composite mark for the words “Dr Trust”
45 Similarly ... registration.
Therefore, a composite trademark can be said to be infringed, if any part
of such composite mark is either
(1) registered as a separate
