allied products
under the impugned trademark "DHANSIRI" or any other trademark either
identical with or deceptively similar to the trademark "DHUNSERI ... huge goodwill accrued to the said trademark of the petitioner by using
trademarks which are identical/deceptively similar to the said registered
trademark "DHUNSERI
that they are very similar, rather
deceptively similar. The impugned mark bears such an overall
similarity to the registered mark as would be likely ... said the trademark/logo/ mark of the plaintiff. The size of the
trademarks etc. of the products of the defendants are deceptively
similar
following are the three kinds of deception in trademarks:
(a) Deception concerning the goods:-
When a deceptively similar mark is applied to the goods, which ... trademark, if he makes any addition, alteration or otherwise to
any genuine trademark or if he makes the trademark, i.e., identical or
deceptively similar
Class 24 by use of the deceptively similar trademark
GOLD LOCK BRAND label or any other trademark, deceptively similar
to the plaintiff's registered ... lungies by use of the trademark
GOLD LOCK BRAND label or any other trademark deceptively similar
to the plaintiff's trademark LOCK BRAND label
entitling action for infringement against a defendant for
user of a deceptively similar trademark), Section 31 (registration being
prima facie evidence of validity, and disentitlement ... hereinafter.
" Section 2(h) "deceptively similar".- A mark shall be deemed
to be deceptively similar to another mark if it so nearly
Registered User Agreement, defendant applied for registration of the
identical/deceptively similar trademark under No.582999 in Class 9 in the
year 1992 and obtained ... that by committing fraud,
defendant applied for registration of the identical/deceptively similar
trademark "CUTLER-HAMMER (Device)" under No.1189782 in Class
mark
which would be identical with or similar to
or deceptively similar to the trademarks and
IA Nos. 12710/2013, 12712/2013 & 16926/2013 ... would be identical with or similar to or deceptively
similar to the trademarks .
60. The Assignee undertook that the words BRIHANS and
BRIHANS logo will
deceptively similar in relation to the goods or services
which are identical or similar to that in respect of which the trademark
is registered without ... deceptively similar. In appeal, both, the ld. Single Judge and the
Division Bench of the High Court, found that the marks were
deceptively similar
from the whole trademark and compare it with the
impugned trademark alleging deceptive similarity, is impermissible in law.
16. For the proposition that where ... examination is limited to see if they are similar/deceptively
similar. A comparative of the trademarks of the Plaintiff and the trademarks
of the Defendant
Defendants have denied that they are using deceptively similar marks
or proposing to use similar or deceptively similar marks as that of the
Plaintiffs ... Defendants are aware that they are applying for a similar or
deceptively similar trademark as that of the Plaintiffs, they should be
restrained from lodging
