MOTI
CS(COMM)137/2017 Page 4 of 19
MAHAL Formative marks in India and in many jurisdictions of the
world.
15. The plaintiffs claim ... Formatives marks and its oval devices are well-
known marks as envisaged under the provisions of section 2(1) (zg) of
the Trade Marks
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
Word as well as formative marks) since the year 1980. The trademark
"PRAKASH" has been consistently utilized as the distinctive mark ... goodwill of the plaintiff's trademark
PRAKASH and other PRAKASH formative mark and the manner of
writing and font etc. are associated
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
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
with ARC Design and CITI Formative marks either as
a trade mark/device or part of a trade mark, trade
name or part ... other mark/device deceptively or
confusingly similar to the plaintiffs' trade mark trade
marks CITI, CITI WEALTH ADVISORS, CITIGROUP
MARKETS INDIA PRIVATE LIMITED
marks as a trade mark or a trade
name or in any manner whatsoever, either as a
trade mark or part of a trade mark ... formative marks or using
the said Impugned Mark, in any manner
whatsoever, either as a trade mark or part of a
trade mark, trade name
well-
known trademarks 'MOTI MAHAL' and MOTI MAHAL Formative marks
which are registered in India and in many jurisdictions across the world.
Plaintiff ... Plaintiff's
trade mark/name.
(xxii) It is stated that the Plaintiffs' trade mark MOTI MAHAL, MOTI
MAHAL Formatives marks and oval devices
