trade mark MAXTRADE or any other mark that
is identical/deceptively similar to the plaintiff's registered
CS(OS) No.1023/2013 Page ... lead to deception and confusion.
38. Thus, it appears to the Court that the trademark used by the
defendant is deceptively similar to the trademark
plaintiff that the use of expression MAX, which is
identical/deceptively similar to the registered trademark MEX of the
plaintiff, either as a trademark ... likely to cause confusion or deception. The Registrar thus found that the
marks were not deceptively similar. But on appeal both the Single Judge
defendants from
using the trademark, PARALITE or any other trademark deceptively
similar to the plaintiff's trademark, PARACHUTE and PARACHUTE
LITE in relation ... lead to deception and confusion.
23. Thus, it appears to the Court that the trademark used by the
defendants is deceptively similar to the trademark
using (firstly) the trade
mark BRIGHT, which is confusingly and deceptively similar to the Plaintiff
No.1's registered trade mark SPRITE, and (secondly ... mark FUNS UP,
which is confusingly and deceptively similar to the plaintiff No.1's
registered trade mark THUMS UP. Further the defendant
impugned trade mark
"OLIVE" is identical with and/or deceptively similar to "s.Oliver" trade
mark, trade name and domain name ... course of trade, a mark
which is identical with, or deceptively similar to, the
trade mark in relation to goods or services respect of
which
letter dated 18th September, 2003, stating that the
proposed mark was deceptively similar to plaintiff's mark.
15. Defendant No. 1 and/or related ... applicants. In
any case, admittedly, all applications for ROLEX and/or deceptively
similar marks in the name of defendant No.1's related parties
superior quality of goods, even
the two trademarks have become deceptively similar.
29. In order to establish infringement, the main ingredients of Section ... defendant's
mark is identical with or deceptively similar to the registered trade mark; and
the defendant's use of the mark
course of a trade mark which is
identical with or deceptively similar to the trade mark in
relation to any goods in respect of which ... Marks Act shall stand infringed by
use of an identical or deceptively similar trade mark also.
14. The trade mark "DIMMER
identical or
deceptively similar mark by any other person in relation to similar goods,
without permission, consent or license from the plaintiffs amounts to
infringement ... defendant of the trade mark DROTAMOL, which is deceptively similar to,
plaintiff's registered trade mark DROTIN in respect of identical/similar
goods
trade mark
WORLD BOOK or any other mark that is deceptively similar to the
plaintiffs' trade mark WORLD BOOK or any other mark that ... deceptively similar to the plaintiffs' registered trade mark WORLD
BOOK in respect of printing/publishing of books and other reference
materials and educational products
