device
mark, and therefore in view of Section 17 of the Trade Marks
Act, the plaintiff is not entitled to dissect the mark "Shree
Kshetrapal ... mark, Section 11
examines the relationship between the proposed mark and
existing marks. The provision bars registration where the
mark sought to be registered
JUDGMENT DATED: 20/02/2026
undefined
of the Trade Marks Act, 1999 , in Commercial Trade Mark Suit No.1
of 2022 preferred by the plaintiffs ... number) that they are the
users and registered trade mark holders of the mark "GULAB" for
their products, namely Groundnut
registered device trade marks have been conveniently ignored
by the Trial Court. The device trade mark registered in its
composite form is distinctively different from ... trade mark of the plaintiff is
a device mark. In view of Section 17 of the Trade Marks
Act, 1999, when the trade mark consists
that ground that the marks so nearly resemble one another that the registration of the Respondents' mark would be likely to deceive or cause ... nature of the marks, i.e whether the marks are word marks or label marks ora composite marks, i.e. both words and label works
before the Registrar of Trade Marks at Bombay. It is further urged that mark 'RUPA DON' is composite mark comprising of 'RUPA ... mind of a customer who on seeing a mark think that it differs from the mark on goods which he has previously bought
even subtly different uses, confusion among the products caused by similar marks could have disastrous effects. For these reasons, it is proper to require ... 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
that ground that the marks so nearly resemble one another that the registration of the Respondents' mark would be likely to deceive or cause ... nature of the marks, i.e. whether the marks are word marks or label marks or a composite marks, i.e. both words and label
likely to cause or not to cause passing off goods of other marks. Similarly, the affidavits filed on behalf of the plaintiff are also ... 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
mark mainly on the count that, "cefadroxil" is a
generic drug and the plaintiff in order to
distinguish its mark has merely inserted ... under:
(a) The nature of mark i.e. whether the mark are
word marks or label marks or composite marks i.e.
both words
registration, as Section 9(b) of the Trade Mark Act which prohibits the Page 138 mark having generic name.
24. It was submitted ... 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
