under the mark "MUMUM" which, it is
alleged, is deceptively similar to the trade mark "MUMMUM", used
by the plaintiff.
Rival ... trade mark, which the defendant
was seeking to have registered, was deceptively similar to the trade
mark of the plaintiff, pre-grant oppositions
marks " "
" " and " " as they were deceptively similar to the
plaintiff's trademark "PhonePe ... defendants'
trademarks, the defendants' trademark is rendered
deceptively similar to that of the plaintiff.
(e) A consumer of average intelligence and imperfect
recollection
similarity, the court may legitimately arrive at
a conclusion that, irrespective of the points of similarity, no possibility
of confusion or deception exists ... pack with a good deal of
similarity between the two writings. None of these similarities - or
similarities akin in grade - can be said to exist
goods (particularly cosmetics), using any mark/name
identical or deceptively similar to the aforesaid registered trademarks
of the plaintiff.
3. I may observe, even ... TATTVA", of the defendants, is closely identical
and deceptively similar to the registered trademark
"NATURE'S ESSENCE" of the plaintiff
respondent from registering the domain
names which were "identical or deceptively similar to the official
domain name www.tatasky.com of the plaintiff ... This Court
expressed the view that the adjudication of deceptive similarity was a
matter which, statutorily, lay within the domain of courts or other
statutory
course of
trade, a mark which is identical with, or deceptively
similar to, the trade mark in relation to goods or
services in respect ... trademark and the defendant uses a mark which is
deceptively similar thereto. In such a case, infringement exists, ex
Signature Not Verified
Digitally Signed
SUNIL SINGH NEGI
Signing Date:26.08.2021
21:05:27
confusingly or deceptively similar thereto, in relation
to the business of providing travel consultancy
services, budget ... trademark/name 'VOLVO' or any name/mark
confusingly or deceptively similar thereto, in relation
to the business of providing travel consultancy
services, budget
that of the plaintiff. A clear cut
case of confusing and deceptive similarity, therefore, exists. There is
also, prima facie, every likelihood of an unwary ... Procter & Gamble Manufacturing2.
30. So far as the aspect of deceptive similarity is concerned, there
can, in my view, be no gainsaying that deceptive
SUNIL SINGH NEGI
Signing Date:26.08.2021
21:05:27
confusingly or deceptively similar thereto, in relation
to the business of providing travel consultancy
services, budget ... trademark/name 'VOLVO' or any name/mark
confusingly or deceptively similar thereto, in relation
to the business of providing travel consultancy
services, budget
plaintiff or any other
related goods, or from using any deceptively similar mark, and to
Signature Not Verified CS(COMM) 597/2021 Page ... similar to the mark
"MANOHAR", used by the plaintiff in respect of identical
goods. The triple test of similarity of marks, similarity
