restrained permanently from using the mark FEMICONTIN or any
other mark deceptively similar to FECONTIN-F or the CONTIN
"family of marks ... product as well as specifically against any trade
mark which was deceptively similar to the registered trade mark
FECONTIN-F.
(v) In July
wrongly granted and is prima facie invalid being a
mark deceptively similar to the Plaintiffs trade mark
ABROS. The publication of the Defendant ... Section 11(3)(a) : The adoption of
deceptively similar impugned mark for
identical/similar goods is bound to pass off the
Defendants' goods
POWER FLEX or any other mark which may be identical or
deceptively similar to the Bata's mark POWER.
4. On 27 February ... heard to plead that the mark POWER FLEX of
Leayan was deceptively similar to the mark POWER of Bata.
(ii) POWER was a laudatory expression
that basis,
concluded that the parties' marks were not deceptively similar and that
no case of passing off was made ... goods in respect of
which his mark is registered, is deceptively similar. This has
necessarily to be ascertained by a comparison of the two marks
ascertain
whether any such mark, or marks, are identical or deceptively similar
to the trade mark of which registration is sought by the applicant. Rule ... similar goods or services any trade mark identical with or deceptively similar
to the trade mark applied for. The Registrar may cause the re-examination
other
mark which was identical or deceptively similar to the 'Liv.52' Mark,
registered in favour of the respondents.
Proceedings before the learned ... other mark which was identical or deceptively similar to the
respondents registered 'Liv.52' trademark.
8. Despite summons having been issued, the appellant
mark SHEOPAL'S or any other mark which was deceptively
similar to Saurabh's registered OPAL trademark for cosmetics or any
other similar ... coined by Saurabh.
SPL further contended that there was no similarity, deceptive or
otherwise, between the marks OPAL and SHEOPAL'S. As such
GULSHAN-E-KARIM
or any other mark which was confusingly or deceptively similar to the
registered trade mark of the respondent.
3. By order dated ... part of the mark GULSHAN-E-KARIM rendered the mark
deceptively similar to the registered trade marks of the respondent, the
Signature Not Verified
Digitally
constituted a prominent feature, as the mark
would, thereby, become deceptively similar to the appellants
registered trademarks.
11. Summons in the suit and notice ... goods in respect of which his mark is registered, is
deceptively similar. This has necessarily to be ascertained by a
comparison of the two marks
course of trade, a mark which is identical with,
or deceptively similar to, the trade mark in relation to goods or services in respect ... Wander.
20. The impugned judgement proceeds on several erroneous
principles.
21. Deceptive similarity
21.1 The first finding of the learned Commercial Court is that there
