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
2008 Page 4 of 21
other trade mark which is deceptively similar with the trade mark of the
plaintiff.
16. The defendants filed the written ... Apex court has held that
the trademark Gluvita and Glucovita are deceptively
similar.
( b) AIR 1963 449 Amritdhara Pharmacy vs. Satyadev
Gupta the Apex court
used by the defendant is
phonetically and structurally identical with or deceptively similar to Liv.52
thus the same is in violation of statutory ... Marks Act 1999. The same are:-
―2. Definitions and interpretation:
(d) ―deceptively similar‖: A mark shall be deemed
to be deceptively similar to another mark
registered mark and the use of an
―identical‖ or ―deceptively similar‖ mark by another without any
permission/authority amounts to infringement of the registered
mark ... other
person using a mark which is the same or
deceptively similar to his trade mark, he can
protect his trade mark by an action
obtained from the market
that they have not only adopted a deceptively similar mark
BECTODINE for identical products but have also adopted an
identical ... plaintiff that the mark BECTODINE used by
the defendants is deceptively similar to the well-known trademark
BETADINE of the plaintiff. It is pertinent
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
case is
that in case of any use of a deceptively similar trademark, the
consequences of infringement under the provision of Section ... similar. A Learned Single
Judge of this Court held that the two marks were sufficiently
similar so as to be reasonably likely to cause deception
mark which may be identical and/or deceptively
similar thereto in respect of the same or similar description of goods or
service constitute ... Registered User Agreement, defendant applied for registration of the
identical/deceptively similar trademark under No.582999 in Class 9 in the
year 1992 and obtained
cereals under the trademark SONA or any other trademark which is
deceptively similar with the plaintiff's trademark. The said interim order
was continued ... trademark SONA
and the two trademarks of the parties are not deceptively
similar, hence no infringement and passing off.
(b) That the suit
adoption or
use of the mark COMFORT INN or any deceptively similar mark in
relation to identical or cognate services will not only cause confusion ... trademark/ service mark
COMFORT INN and/or COMFORT or other deceptively similar
marks, to discontinue use of their website
www.hotelrajcomfortinn.com to remove
