impugned trade mark 'Betalong' or any other trade mark deceptively similar to Plaintiff's said registered trade mark 'Bctaloc ... reads as under:--
"2. Definition and interpretation:--
(d) "deceptively similar" - A mark shall be deemed to be deceptively similar to 'another
TONE" or any other mark identical with and/or deceptively similar to
the plaintiffs' trademarks "ARBITONE", "RB TONE ... infringement and passing
off contending that the appellants' marks were deceptively similar to
theirs. On 28.2.2007 i.e. after the suit was filed
register on the ground that the respondents' label was deceptively similar to the appellants' registered trade mark. That application was rejected ... Gluvita" were deceptively similar, it was observed that in deciding the question of similarity between the question of similarity between the two marks
distinguishable. Hence he held that the two marks were not deceptively similar. He also gave to the appellants the benefit ... allowed the appeal. He has held that the trade marks are deceptively similar. He has also held that the appellants' mark was likely
annexed at Exh. H to the plaint or any other deceptively similar carton. Both the plaintiffs and the defendants manufacture anti-biotics known ... Simptran marketed by defendant No. 1 in a carton which was deceptively similar to the plaintiff's carton. By using the impugned carton
started selling pharmaceutical preparation under the mark SUPAXIN, which was 'deceptively similar to the plaintiffs' registered Trade Mark SPOXIN, and thereby they ... marks registered or pending for registration. The mark SPOXIN was not deceptively similar to SUPAXIN, sought to be used by the defendant. The defendant, hence
BOMBAY 281
JUDGMENT
Lentin, J.
1. Is the word CIPLAMINA deceptively similar to COMPLAMINA? Such is the essential nature of the controversy before ... marks are held not to be deceptively marks are held not to be deceptively similar, discretion must under Section 18(4) be exercised against
mark "ECONOVA" or any other
mark deceptively similar to the Plaintiff's registered mark. By the present Notice of
Motion, the Plaintiff ... ECONOVA" which in the opinion of the Plaintiff was deceptively
similar to the Plaintiff's registered trademark "EVANOVA". The Plaintiff therefore
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 ... likelihood of deception. The factors which were enunciated by the Supreme Court in deciding the issue of deceptive similarity are as follows :
(a) The nature
word mark "Parkitane" is visually, phonetically, structurally and deceptively similar to the registered trade mark "Pacitane" of the respondents, bearing ... under any other trade mark which is an infringement of or deceptively similar to the registered trade mark "Pacitane" of the 1st plaintiffs
