generic work in both marks does not justify finding of
deceptive similarity. There is no phonetic, visual or structural
resemblance in the rival marks ... deception and actual deception or damage need not be
proved. Prima facie upon comparison of the rival products and by
applying the overall similarity test
domain name
containing the word PETROFER and/or any other word deceptively similar
thereto and/or any other trade mark, corporate name and website/ domain ... bound to cause confusion and
deception among consumers. In support of his contention, that use of a
deceptively similar mark in respect of cognate goods
impugned trade mark") or any other trade
mark deceptively similar to the Plaintiff's registered trade mark and (ii)
from passing ... statutorily entitled to
restrain any person from using an identical or deceptively similar mark.
24.Mr Kane then pointed out that the Defendant
Defendant No 1's product uses an identical/deceptively
similar trade mark and is used for treating identical ailment. The
dishonest adoption ... Defendant No 2 from manufacturing
product of third parties bearing identical/deceptively similar trademark.
5. It is stated that in order to come as close
rectification on the ground that the
two marks are not deceptively similar, she did not use any
discretion but adjudicated upon the rival contentions ... Deputy Registrar had held that
the two marks were deceptively similar (which she did not) but
that in exercise of her discretion
trade mark "AROME", the Defendant by use of deceptively
similar mark infringes upon the right of the Plaintiff. Mr. Tulzapurkar
would further submit ... AROM ALCHEMISTS" and there is deceptive similarity. Prima facie
there is phonetic similarity and deceptive resemblance between the
rival marks. [See Ruston & Hornsby
rectification on the ground that the
two marks are not deceptively similar, she did not use any
discretion but adjudicated upon the rival contentions ... Deputy Registrar had held that
the two marks were deceptively similar (which she did not) but
that in exercise of her discretion
themselves/and or any other mark/ impugned mark/any other
deceptively similar words or written in stylish manner or in manner
which is identical with ... deceptively similar to registered well-known
Ultratech trademark or part thereof bearing the various registration
numbers and from passing-off the Defendant's goods
DAPAGLIMED-10" and
any identical/deceptively similar mark so as to infringe the Applicant's
marks "GLIMET" and "GLIMET ... impugned marks since 2022. He submits that the consequence
of the deceptive similarity between the two marks which are used for
medicinal purpose
artwork, colour
scheme, get-up, layout and trade dress being deceptively similar to
that of the Plaintiff's trade mark and original artistic work ... trade mark 'CEAT' and
'CAT' are not deceptively similar. The Plaintiff is manufacturing tyre and
the Defendants are manufacturing 'BUTYL
