TOLD MOM" and/or any
other name/mark or label deceptively similar to the plaintiff‟s
trademark/label "OLD MONK ... deceptive similarity and it is to be seen whether
the two marks are structurally and phonetically similar and
would cause deception in the mind
been contended by Mr. Bansal that by using identical and deceptively similar trade name RUCHI which is an essential part of trademark/label ... similar and hence similar in idea.
(c) The nature of the good sin respect of which they are used as trade marks.
(d) The similarity
inter alia on the ground that there is no confusion or deceptive similarity in the two trade marks, specially on the ground ... relates to the question of causing confusion and/or using the deceptively similar mark.
(7) One of the arguments raised before the learned Assistant Registrar
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
marks used by
respondent no.1, dealing in allied goods, is deceptively similar to its
marks. The appellant relies on the decision of the Supreme ... laid down the following
test for deciding the question of deceptive similarity:-
"35. Broadly stated in an action for passing-off on the basis
plaintiff; (viii) the
trade name „MERCYKIND PHARMACEUTICALS PRIVATE LIMITED‟
is deceptively similar to the plaintiff‟s corporate name / trade name
CS(COMM) No.100/2017 ... similar", equally applies to the use of
the trade mark as trade name. Use of a trade name similar or
deceptively similar
plaintiff, by adopting the mark
„VICTOR 80‟ which is similar/deceptively similar to the mark „VICTOR‟ of
the plaintiff; and, (ii) for ancillary reliefs ... year
2002, is entitled to restrain the defendant from using the deceptively
similar mark „VICTOR 80‟.
8. The defendant has contested the suit, pleading
mark
"BLUE VERY", which according to him was deceptively similar to the
plaintiff's trademark BLUE VALLEY.
4. In order to adjudicate ... thus avers, that the
defendant's mark Blue Very is deceptively similar to the plaintiff registered
trademark Blue Valley. It is the case
well, the defendants have adopted the trade mark Frolic which is deceptively similar to the trade mark Rollick for selling the ice-cream. Accord ... trade mark Frolic Logo of the defendant is not identical and deceptively similar to the trade mark of the plaintiff. The ' defendant has been
using the registered mark of the appellant or any other mark deceptively similar to the said registered mark; render accounts to the appellant ... overall similarity or resemblance, and whether the resemblance or similarity is such that there is a reasonable probability of deception or confusion. In doing
