Marks. The Impugned Marks are incapable of
distinguishing as they are similar to the Appellant's Mark
'HAVELI'.
e. The Impugned Marks ... upon the dissimilarities between the Device Mark
' ' and the other prior registered Marks containing the
Mark 'HAVELI'.
53. Accordingly, the Appellant
prior adopter
of the mark, having continuously used its house mark 'REKIN' and the
impugned mark 'REKIN-SP' since ... well-known trade
mark.
.......
(2) A mark shall not be registered as a trade mark if ---
(a) it is of such nature as to deceive
products it represents. Hindustan has
used the mark/artwork DISPOVAN, trade mark DISPOCANN and other DISPO
formative marks in respect of its products ever since ... artwork Dispovan, Dispocann and other Dispo formative marks. The
trade marks/artwork DISPOVAN, DISPOCANN and other DISPO formative
marks represent important proprietary rights
DISPO formative marks.
29. The plaintiffs are relying on third party applications filed with the
Trade Marks Registry for registration of DISPO formative marks,
however ... said marks in
India as well as internationally in over 170 countries, its rights in the
marks DISPOCAN/DISPOCANN and other DISPO formative marks
stands
SURYA'
formative marks and some of Plaintiffs registrations for the trade
mark 'SURYA' and 'SURYA' formatives marks in Class ... said mark.
13. It has been further averred that the Plaintiff mark
"SURYA" has emerged as a well-known mark amongst the
public
list of few
‗8' and/or ‗8' formative marks in Classes 32 and 33. The list is
illustrative and not exhaustive :
LIST ... Trade Marks Registry as well as the Trade Marks Offices of various
countries in order to indicate numerous ‗8'/‗8' formative applications/
registrations
Page 6 of 29
manufactured by the defendants sold under the mark FORMAT.
The pictures of both the designs are given below for ready
reference ... defendants
is sold under the mark is sold under the mark
"Steelbird" "Format"
2. The surface pattern on the The surface
UNIVERSAL. The plaintiffs have relied upon several registrations for
UNIVERSAL formative marks, however, the said registrations are
only referred to as 'UNIVERSAL family series ... official extracts
furnished by the plaintiffs in relation to the UNIVERSAL formative
marks evidently establish that the plaintiffs have 'disclaimed' any
exclusive right
Plaintiff has applied for and secured registration of several RPG /
RPG formative marks in various classes under the Trade Marks Act, 1999 . Documents
pertaining ... CARE, etc. The Plaintiff has an entire family of RPG based
formative marks and owing to this fact whenever the trade mark RPG is used
action for infringement of trade mark and passing off
under the Trade Marks Act, 1999 [for short, " Trade Marks Act "]
2. The case ... marks by the BIRLA group of
companies in respect of its products; (b) the registrations of "BIRLA"
mark and its formative marks secured
