aforesaid trade marks. The details of the aforesaid legal proceeding
certificates are as follows:
a. Trade mark application for the word mark PLAVIX bearing ... learned Single Judge. Although the mark "ORZID" is a label
mark, the word mark "ORZID" is an essential feature that
device as that of a 'Robin' bird device with the intention to
evade scrutiny. The defendant was granted registrations for the
device mark ... below: -
Reckitt's Trade Mark Sauss's Mark
26. The comparison above would show that the two marks are nearly
identical. Not only
registration of the device mark
under class 44, citing prior subsisting registrations of marks which were
similar to the mark of the appellant ... earlier trade mark.
* 11(2)(a) -The trade mark with- it is identical with or
similar to an earlier trade mark; and
Since the objection
seeking removal of the
registration of a device mark registered under application number 5635163
in class 3 in favour of the respondent ... adopted a mark which is almost identical to the mark of the petitioner.
18. The petitioner's mark features black Hangeul characters spelling
mentioned
impugned marks.
22. In view thereof, the defendant is restrained from using the marks
'ABBIBAS/ ', 'abbibas Three Bars device
mark ... 2025 at 18:20:49
device mark/ , Trefoil device mark/ ' or any other
mark/ device/ logo identical with or deceptively similar to the plaintiffs
Adidas India Marketing Pvt. Ltd.
21. The 'Three Stripes' device mark was devised by Adi Dassler as a
means of visually distinguishing ... products and
different languages spoken worldwide. The 'Three Stripes' device mark was
CS(COMM) 429/2025 Page 3 of 10
This
Details of the trademark/device mark/word mark of the
plaintiff are set out below:
S.No. Application Trademark/Device Mark Status ... SUPER CUTEZ Registered
(iii) Trademark application in respect of the trademark/device mark
„SUPER CUTES‟ is pending registration before the
Trademark Registry.
(iv) The plaintiff
mark „OM LOGISTICS LTD‟ to
be a „well-known trade mark‟ in terms of Section 2(zg) of the Trade
Marks Act, 1999 (Trade Marks ... mark to be a „well-known trade mark‟ or by the Trade Mark
Registry as provided under Section 11(8) 2 of the Trade Marks
application was wrongly advertised as a word mark instead of a device mark
as initially applied for.
6.6 Counsel for the defendant has drawn ... documents) which show the use of the 'INDIA GATE' device
mark and the word mark. While it is correct that some
website of the Trade Marks
Registry, the aforesaid trade mark applications/ registrations are in respect of
different proprietor/ mark/ class.
4. Taking note ... logos of the two marks, there may be accompanying pictorial
representations or other features which may distinguish the
marks as device marks, cannot detract from
