earlier application for registration for
the same mark, filed by Takeda GMBH ("Takeda" hereinafter), a
German company, with the Indian Trademarks Registry ... trade mark where the proprietor of the
earlier trade mark or other earlier right consents to the registration, and in such case the Registrar
inasmuch as Petitioner's
trademark is a well-known trademark and use of the impugned
deceptively/confusingly similar trademark by Respondent ... trademark and there is similarity of goods/services covered
by the trademark or where the trademark sought to be registered is
similar to an earlier
trademark citing two
trademarks stated to be deceptively similar to the applied trademark.
2. Case of the Appellant is that she adopted the trademark ... that the proscription to register a
trademark arises when the applied trademark because of its identity with an
earlier trademark and similarity of goods
earlier trade mark, or as the case may be, the exploitation of the earlier right,
Digitally Signed notwithstanding that the earlier trade mark ... replacement of the said
earlier agreement. Article 6.02 retained title or ownership of all
intellectual property, including trademark, with the plaintiff. On 8
October
identical with
an earlier trademark and there is similarity of goods/services covered by the
trademark or where the trademark sought to be registered ... trademark' is defined in the 'Explanation' to the
section and includes a registered trademark. Petitioner's mark ACKO is an
earlier
such that, because of its identity or similarity
with an earlier trademark and the goods or services covered by
such earlier mark, there exists ... association
with the earlier trade mark. [ Section 11(1) ],
(xii) the mark is identical or similar to an earlier trademark,
but is to be registered
such that, because of its identity or similarity
with an earlier trademark and the goods or services covered by
such earlier mark, there exists ... association
with the earlier trade mark. [ Section 11(1) ],
(xii) the mark is identical or similar to an earlier trademark,
but is to be registered
mark for which registration has been applied is
identical to an earlier trademark, Clause (a) would apply, whereas,
where the applicant‟s mark is similar ... earlier trademark, Clause
(b) would apply. In either case, likelihood of confusion on the part of
the public must be shown to exist, in order
wherein a search
shall also be conducted amongst the earlier trademarks,
registered or applied for registration, for the purpose of
ascertaining whether there ... cause the re-
examination of the application including re-search of
earlier trademarks at any time before the acceptance of
the application but shall
ground that the said trademark FORZID was deceptively similar
to an earlier registered trademark, viz., ORZID (label mark),
standing registered in the name ... held that the trademark FORZID was
deceptible similar to the earlier trademark ORZID in respect of
some pharmaceutical products. Position in law was stated
