trade mark 'TAZZA PATTA' bearing deceptively similar label, having similar font with similar placement of word, logo and also with red, yellow ... labels appear to be deceptively similar with similar placement. Further, comparing two labels and the marks, there appears deceptive similarity both visually and phonetically, which
Store' and has started using labels and boxes, which are deceptively similar to the labels and boxes of plaintiff. While plaintiff uses ... below instead of examining the issue of deception that may follow due to use of deceptively similar tradename has instead been swayed by the fact
other cognate and allied products with the above trade mark or deceptively similar name "Madhurima". Simultaneously, the counter claim of the defendant ... Madhurima Confectioners" or "New Madhurima Bakers" which are deceptively similar to the registered trade mark of the plaintiff.
16. Aggrieved
exactly similar to that of the plaintiff's mark 'Bata', yet there is similarity which may cause confusion or deception ... authority for the proposition where the goods of similar nature are being marketed in similar or deceptively similar brand name, mark or sign. It must
this Act to the' definition of "deceptively similar". A mark shall be deemed to be deceptively similar to another mark ... trade mark. Section 13 prohibits registration of identical or deceptively similar trade marks. In this section if a trade mark is already registered then
been alleged that the appellant-defendant by using identical and or deceptively similar mark or artistic work as referred to above started his business from ... defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered shall
totally different in size, shape and colour and they are not deceptively similar to the respondent's trade mark.
5. The suit is based ... word 'deceptively simila.' has been defined under Section 2(l)(d) of the Act, which reads as under :
"Deceptively similar.--A mark
trade
marks/labels or any other mark or marks or labels deceptively similar thereto without obtaining the prior written consent of the petitioner. In this ... said trade marks and/or any other marks deceptively similar in any manner whatsoever to the said trade marks being the subject matter
course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect ... defendants was both visually and phonetically nearly identical with and/or deceptively similar to the aforesaid trade marks and brand name "Milkmaid
Musa Ka Gul Super' or any product with the deceptively similar name and logo by which any common man could be deceived.
BINDING EFFECT ... product 'Musa Ka Gul' or any other product of deceptively similar name till the next date fixed in the suit. It appears that
