aforesaid, the
petitioner has also obtained trade mark registrations for the GOIBIBO marks
and various other GO-formative marks in classes ... other GO-formative marks.
7.2. The impugned mark is deceptively similar to the petitioner's GOIBIBO
marks and other GO-formative marks
formative trademarks are given
in paragraph 25 of the plaint.
31. The plaintiff also widely promotes its products bearing the "KIND"
formative marks ... impugned mark of the defendant is set out below:
STATUS IN
PLAINTIFF'S TRADE DEFENDANT'S TRADE
TRADE MARKS
MARKS MARKS
REGISTRY
MANKIND
petitioner
in respect of 'VKC' mark and its formative marks remain valid and
subsisting.
8.4. The petitioner's products bearing the said ... petitioner bearing the 'VKC' mark and
its formative marks have been extensively advertised and promoted through
print media, mailers, newsletters, trade shows, seminars
entirely based on the trade mark
registrations in its favour for the mark 'INDI' and other INDI-formative marks
in Class ... continuous user of the mark 'INDI' and
other INDI-formative marks. In paragraph no.18, the plaintiff has given the
sales figures
which are currently subsisting on the
Register of Trade Marks, for the mark PARLIAMENT/ PARLIAMENT-
formative marks in various classes in the name of third ... trade
mark.
13. As rightly pointed out by Mr. Sibal, registrations for the mark
'PARLIAMENT'/ PARLIAMENT-formative marks have been granted even
Signature
respect of 'CPVC PRO' and 'CPVC
PRO' formative marks have been objected to.
3.6 Plaintiff has engaged various celebrities and superstars ... granted to the plaintiff in
respect of 'CPVC PRO' formative marks are bad in law and the
plaintiff cannot rely upon them.
Signature
been used along with the other "Clari" formative marks.
2.3. The first of the "Clari" formative marks were adopted ... Agreement,
the reputation and goodwill related to various "Clari" formative marks
stood transferred to the petitioner.
2.5. The petitioner is the prior user
AQUAGUARD',
'AQUASFILTER' and other 'AQUA' formative marks has been filed along
with the plaint (pages 169-218 of the plaintiff ... other formative marks. The similarities between the
plaintiff's marks/labels and the defendant no.1's impugned marks/labels are
set out below
marks 'AQUAGUARD' and other
'AQUA' formative marks have been filed along with the plaint.
7. Until 2003-2004, the Plaintiff packaged ... registered proprietor of the
trademark 'AQUAGUARD' and other formative marks. Due to its long and
continuous use, the plaintiff has also acquired
formative trademarks since February, 2020. The plaintiff no.2 is
the registered proprietor of the trademark 'TATA POWER SOLAR' and its
formative marks ... TATA
POWER', 'TATA POWER SOLAROOF', , or any other
formative marks of the plaintiffs. Further, this Court issued directions to the
defendants
