under the mark "MUMUM" which, it is
alleged, is deceptively similar to the trade mark "MUMMUM", used
by the plaintiff.
Rival ... trade mark, which the defendant
was seeking to have registered, was deceptively similar to the trade
mark of the plaintiff, pre-grant oppositions
marks " "
" " and " " as they were deceptively similar to the
plaintiff's trademark "PhonePe ... defendants'
trademarks, the defendants' trademark is rendered
deceptively similar to that of the plaintiff.
(e) A consumer of average intelligence and imperfect
recollection
similarity, the court may legitimately arrive at
a conclusion that, irrespective of the points of similarity, no possibility
of confusion or deception exists ... pack with a good deal of
similarity between the two writings. None of these similarities - or
similarities akin in grade - can be said to exist
part of the mark,
a font, style and lettering which is deceptively similar to that used by
the plaintiff for ―ARMOUR‖. Even while using ―STREET ... course of trade, a mark which is identical with,
or deceptively similar to, the trade mark in relation to goods or services in respect
Anil Agarwal11, to contend that, where deception is deliberate,
injunction must follow. On the aspect of deceptive similarity, Mr.
Hemant Singh cites Parle Products ... confusion or deception, even if the marks are visually
dissimilar.
46. The two most important considerations, while examining the
issue of deceptive similarity, have been
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
alleges that
(i) the marks ―GLUCO-C‖ and ―GLUCO-D‖ are deceptively
similar to the plaintiff's registered trade marks ―GLUCON-C‖
and ―GLUCON ... Gluco-C ++‖ product.
Mr. Lall emphasizes the following infringing/deceptively similar
features:
(i) ―Gluco-D‖ is visually, phonetically, and otherwise
deceptively similar to ―GLUCON
Delhi and on third party e-commerce interactive websites,
which is deceptively similar to the Plaintiff's medicine under the
trademark PANTOCID and PANTOCID ... convenient corruption of the plaintiff's mark PANTOCID
and is deceptively similar to it, the only difference being the
intervening "PA" between
pronounced
FABIO. The mark is, therefore, according to the plaintiff, deceptively
similar to the plaintiff's OREO mark.
4. The trade dress ... selling its FAB!O biscuits is also, it is submitted,
deceptively similar to the trade dress of the plaintiff's package. Here,
again
allied goods under the trade mark
OMEX or any other identical/deceptively similar trade mark
to the Plaintiff's trade mark MEX amounting ... likely to cause
confusion or deception. The Registrar thus found that the marks were
not deceptively similar. In appeal, both, the ld. Single Judge
