finding that
the marks of the appellant and respondent were deceptively
similar was inconsistent with the finding that the packing
in which the appellant ... plaintiff to establish that the trade mark
used by the defendant is deceptively similar. This has
necessarily to be done by a comparison
treatment of the same disease in view of confusing
similarity and deception in the names and more so because the
drugs were medicines of last ... that there
could not even be a remote chance of confusion and deception. It
may here be noticed that Schedule H drugs are those which
Trade and Merchandise Marks Act, 1958 , s. 2(d)--Deceptively
similar'--Proper approach by court for determining if one
mark is deceptively similar ... course of trade, a mark which is identical with or
deceptively similar to, the trade mark, in relation to any
goods in respect of which
phonetically similar and that there was no reasonable likelihood of any deception being caused by or any confusion arising from, the use of the respondent ... Registrar that the respondent's mark was not likely to cause deception or confusion. He held that the two marks were sufficiently similar
words "Mahendra & Mahendra" or any word which is
deceptively similar to "Mahindra" and/or 'Mahindra & Mahindra ... words are phonetically,
visually and structurally almost identical and in any event deceptively
similar. In the prospectus of the defendant the words "Mahendra
Vitamin preparations--'DROPOVIT" whether a trade mark
deceptively similar to 'PROTOVIT' so as to offened s.
12(1)--'DROPOVIT ... fell for
consideration were: (i) whether the word 'DROPOVIT' was
deceptively similar to the word 'PROTOVIT' and thus
offended the provision
Merchandise Marks Act, 1958 , ss. 2(j) and 12-Trade
marks when deceptively similar-'Sri Andal' and 'Sri Ambal'
though names ... different goddesses are deceptively
similar in sound within meaning of s. 12(1)-Visual
dissimilarity not decisive when sounds deceptively similar.
HEADNOTE:
The appellant
course of trade a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect ... other person using a mark which is the same or deceptively similar to his trade mark, he can protect his trade mark by an action
affiliation of source or confusion
arising out of the use of identical/deceptively similar
trademarks.
12
25. Learned counsel for the appellant also submitted that ... deceive and that the
plaintiff is likely to suffer damage by such
deception. Mere confusion which does not lead
to a sale is not sufficient
from using his registered trade mark 'MEROMER' alleged to be deceptively similar to the plaintiffs' trade mark 'MERONEM' and defendant ... contended that there is considerable higher possibility and likelihood of deception and confusion between the drugs sold under the plaintiffs registered trademark 'MERONEM
