other mark, name, logo, trading style, corporate name similar or deceptively similar to the word 'BHAGAT'. Permanent injunction is also sought ... Trademarks Act, 1999 , Trademark No. 536230 and 668188 and/or any deceptively similar marks/name/word, which would pass off or enable others to pass
defendant
introduced its product under the identical and / or
deceptively similar brand name "CODROXIL". It was
contended that, therefore, the plaintiff ... drug,
the phonetic similarity and visual similarity itself
causes confusion in the mind of the consumer and
therefore it is deceptively similar, Shri Shah would
petitioner's impugned trade mark was not identical with or deceptively similar to the cited tragic mark and the application should not be refused ... tenable inasmuch as the rival marks were not "deceptively similar" and the Registrar is duty bound to advertise the impugned application under Section
Candyman" and "Éclairs" were also identical and/or deceptively similar to that of the plaintiffs. That, the plaintiffs learnt that not only ... That, the impugned mark as shown in Ex.12 is deceptively similar to the plaintiffs' registered trade marks. That, by using the impugned mark
brand names which are
structurally, phonetically and visually identical with or deceptively
similar to the registered trade marks of the plaintiff. It was also
further ... other
word / mark / label which is identical with and/or
deceptively similar in any manner to the plaintiff's
registered trademark / trade name/ house
trade mark / corporate name VIMAL, or any
other identical and/or deceptively similar trade
name / trade mark /corporate name which may be
identical ... deceptively similar to the various
trading styles of the plaintiffs' group VIMAL GROUP
containing the word VIMAL in respect of their various
business activities
disputed label at annexure-D)
which is also identical and/or deceptively similar to that
of the plaintiffs' suit labels. Therefore, the plaintiffs have ... 2022 CAV JUDGMENT DATED: 22/12/2022
identical and/or deceptively similar label in the business
of identical goods i.e. tea after executing
chance of future loss by virtue of the use of such
deceptively similar trade name or device and therefore, plaintiffs have
prima facie case ... 2021 CAV JUDGMENT
name of both the parties are not deceptively similar and distinctly
different i.e. WAGH BAKRI AND VIMAL. Looking to the above
Simero". That the defendant has adopted the
identical and deceptively similar trade mark, which cause
confusion and deception amongst the public at large.
Page ... order restraining the defendant from using the
trade mark, which is deceptively similar to the trade mark of
the plaintiff.
3. Heard learned advocate
which the impugned trade mark is
used, are identical or deceptively similar to the goods or services in
relation to which the registered trade mark ... cause deception or mistake in the
minds of the persons accustomed to the
existing trade mark of the plaintiff.
ii. In assessing deceptive similarity