with an earlier trade mark and similarity of goods or services covered by
the trade mark; or
(b) its similarity to an earlier trade mark ... situation in which applicant's mark is identical to the earlier trademark
and registration is sought in respect of similar goods and services.
Clause
ground that the
mark applied for is identical with/similar to earlier trademarks on record and
Signature Not Verified
Digitally Signed
C.A.(COMM ... proprietor of a
trademark cannot enjoy monopoly over the entire class of goods. The
Supreme Court placed reliance on the earlier judgment of the Supreme
trademark 'HerMoneyTalks' with
trademark registration No.4496073 and that plaintiff has
already instituted rectification proceedings before the
Registrar of Trademarks and the same ... application of defendant of the defendant by the
trademark registry the earlier trademarks with the name
'Her-Money' as mentioned
trademarks including "CHOTA CHAMACH"
(including the trade dress/ packaging/ colour combination) which
the Plaintiff had been uninterruptedly and continuously using the
said trademark ... increasingly scale
throughout India. The Plaintiff was the proprietor of various
earlier trademarks which contained word 'CHAMACH' as an
integral, essential, dominant
herein
to use impuged trademark/ label GOLDIE FRESH, which
is shown to be identical and deceptively similar to the
registered trademark of the plaintiff GOLDIEE ... Page 23 of 29
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applied for registration is similar with earlier trademarks
on records, as mentioned in the examination report and by
similarity
part of public, which includes the likelihood of
association with earlier trademark.
The defendant placed reliance on para 21 of decision in the case Mulhens
dispute that defendant had adopted
trademark Packson in 2016. This trademark is by no way
connected or similar to trademark VELO so that a
conclusion ... time. In his
cross examination defendant stated that despite having
earlier trademarks Veloman was adopted by him as his son
had joined the business
registered if it is identical or
similar to an earlier trademark in respect of goods or services
covered by the trade mark and is likely ... covered by the
earlier trade mark if it is shown that the earlier trade mark is
a well known trademark. 13 xviii. The mere fact
trademark/label DHAMAL filed several
CS (Comm) No. 280 of 2019. M/s Swatantra Gramudyog Sansthan v. Umesh Kumar . -:: Page 2 of 25 ::-
-:: 3::-
trademark ... Samiti, the proposed
name of the society in whose name the trademark earlier filed and
registered. However, after registration of the plaintiff society, the plaintiff
Heinz Italia S R L is
the proprietor of the trademark "Glucon-D" which has been
registered in India under Registration ... Merchandise Marks Act, 1958
(hereinafter called the "Act"). This trademark had earlier
been registered in the name of Glaxo on 21st
