three situations: (1) identity of marks plus similarity of goods and
services; (2) similarity of marks plus similarity or identity of goods
and services ... mark" -- probably
speak to deception, and, therefore, read as a whole, the test might
still be of deceptive similarity. Indeed, I think
otherwise,
mistakes can arise specially where the trade marks are
deceptively similar. In Blansett Pharmaceuticals Co. v.
Carmick Laboratories Inc., 25 USPQ 2nd 1473 (TTAB ... similar and hence similar in
idea.
c) The nature of the goods in respect of which
they are used as trade marks.
d) The similarity
TREX' or any other trade marks which are deceptively similar to or are a deceptive variation of the plaintiffs marks 'CELIN ... that there is a likelihood of confusion in view of the deceptive similarity between the two. The substitution of the letter 'O' with
using the mark BUFER or any other mark identical to or deceptively similar to the mark of the Plaintiffs.
8. On behalf of the Plaintiffs ... Plaintiffs; (iv) The word mark of the Defendant is deceptively similar to the mark of the Plaintiffs and the label mark adopted by the Defendant
whether the defendants' trade mark "TOROLAC" is deceptively similar or is a coloured imitation or nearly resembling the plaintiffs' registered trade ... other trade mark which is an infringement of or deceptively similar to the registered trade mark "ROLAC" bearing No. 465264 of the plaintiff
lables or device mark or any other1 trade mark which is deceptively similar to the plaintiffs' mark "GIRNAR" in relation ... reputation in respect of their mark; whether there was deceptive similarity between the two marks, linked with which was the question whether there
Chhap", which is found to be
deceptively similar to the registered trade
mark "Gai Chhap" of the respondent pertaining
to the same ... selling the aforesaid product Fafda Powder
under a mark that was deceptively similar to
the registered trade mark "Gai Chhap" with a
picture
marks
and are visually, structurally,
phonetically identical with and/ or deceptively similar to the Plaintiff's prior RPG
Marks in each and every aspect ... deception or confusion or mistake in the minds of persons
accustomed to the existing trade mark;
(vii) While ascertaining the question of deceptive similarity
order to decide whether the word "DROPOVIT" is
deceptively similar to the word "PROTOVIT" each of the two words
must, therefore ... while comparing the
deceptive similarity between the rival trade marks, the Court
should consider their overall similarity, including the similarity
12 2019 SCC Online
Plaintiff contended that the Defendants trademark ASĀVA is
identical/deceptively similar to the Plaintiff's trademark THE
ASWA, the goods in respect of which ... structural
similarity. I find no visual similarity. I find no phonetic
similarity.
These are the only observations on the aspect of phonetic similarity.
With these
