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
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
logo of the plaintiff or any other trade
mark identical or deceptively similar to the plaintiff's above
mentioned trade marks amounting to infringement ... plaintiff's registered crest , or any other
crest identical or deceptively similar to it amounting to
infringement of the plaintiff's copyright
chance of future loss by virtue of the use of such
deceptively similar trade name or device and therefore, plaintiffs have
prima facie case ... 2021 CAV JUDGMENT
name of both the parties are not deceptively similar and distinctly
different i.e. WAGH BAKRI AND VIMAL. Looking to the above
Plaintiff contended that the Defendants trademark ASĀVA is
identical/deceptively similar to the Plaintiff's trademark THE
ASWA, the goods in respect of which ... structural
similarity. I find no visual similarity. I find no phonetic
similarity.
These are the only observations on the aspect of phonetic similarity.
With these
noodles
product, 'WAI WAI Xpress Noodles Majedar Masala" is
deceptively similar or nearly identical to its (plaintiff's)
wrapper used for packaging ... defendant has taken a calculative step to adopt
an appearance, deceptively similar to the plaintiff's
product - Magic Masala (brand of noodles
pharmaceutical and medicinal preparations under the mark
CINZINE, CINZITAS or any deceptively similar variant of
the Plaintiff's registered trademark CINZAN ... pharmaceutical and medicinal preparations under the mark
CINZINE, CINZITAS or any deceptively similar variant of
the Plaintiff's registered trademark CINZAN
Signing Date:06.06.2021
19:23:03
3. The petitioner adopted a deceptively similar trade mark
UTROTON and got it registered in Class ... other label/trade mark which is identical
and/or deceptively similar to the aforementioned trade mark
and/or label of the respondent and the same
