using his registered trade mark 'MEROMER' alleged to be deceptively similar to the plaintiffs' trade mark 'MERONEM' and defendant ... ground that the trade names of the plaintiffs and defendant are deceptively similar and the defendant is also resorting to the same colour scheme
which is likely to cause confusion or deception amongst the members of the public which is deceptively similar with the trade mark "DIMMERSTAT ... other trade mark as may be identical to or deceptively similar with the trade mark "DIMMERSTAT" amounting to infringement of the trade mark
ABSORB" by the respondent-defendant which was
alleged to be deceptively similar to the registered trademarks
"LOSORB" and "LO-SORB ... person such as the respondent uses a trademark which is deceptively
similar or nearly identical or identical to the registered trademarks.
Included in this first
said expression by
the appellant leads to deceptive similarity and consequently infringement of the
trademark of the respondents/plaintiffs.
(b) There arises passing ... infringement, but if the marks are not
identical but only deceptively similar, then, the tests of passing off are to be
applied
appellants, was phonetically, linguistically, textually, visibly,
manifestly, confusingly and deceptively similar to their marks
TEMODAL/TEMODAR. They also came to know that the respondent
ALKEM ... said to be either phonetically or
visually or in any manner deceptively similar to
each other.‖
15. The learned Single Judge noted the view
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
marks, label and packaging. The plaintiff has pleaded that the deceptive similarity, dishonest adoption of the essential features of its trademark, label and packaging ... overall similarity or resemblance, and whether the resemblance or similarity is such that there is a reasonable probability of deception or confusion. In doing
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
mark or any colourable imitation thereof or any mark
confusingly and deceptively similar thereto including
but not limited to the name PENEGRA.
12. Along with ... mark or any
colourable imitation thereof or any mark confusingly
and deceptively similar thereto including but not
limited to the name PENEGRA.
14. The defendant
