Date:26.01.2024 20:55 Page 1 of 43
mark/trade Mark LOTUS. Use of the mark LOTUS is stated to have
commenced ... apparent
is that the word mark "Lotus" per se, apart from various other word
marks and device marks which use "Lotus
registration of various other CLARI formative
trademarks, and registration of following CLARI formative trademarks were
granted:
S. MARK/LABEL APPLN CLASS STATUS USER ... CLARI formative marks and had
expanded the usage and adoption of those marks from time to time. It also
adopted the mark CLARIWASH sometime
LIZOL', 'COLIN' and 'DETTOL', and their
formative marks/labels/trade dress/bottle shape in the market. Thus, the
defendants, with ... LIZOL', 'COLIN' and 'DETTOL' and their formative marks/labels/trade
dress/bottle shape, the relevant consumers identify the same solely
respect of the trademark 'PRAKASH' and its other
formative marks under different classes. The earliest registration of the
trademark 'PRAKASH' dates ... prior user of the mark 'PRAKASH' and its other formative marks since the
year 1980 through its predecessor.
17. The adoption
other mark which is identical with and/ or
deceptively similar to plaintiff's trade mark/ label
VICTORIA'S SECRET and its formative
trademarks ... other mark which is identical with and/ or
deceptively similar to plaintiff's trade mark/ label
VICTORIA'S SECRET and its formative
trademarks
would have been to use same
or similar trademarks or the formative marks of Packson,
since the defendant had four years of user ... bare perusal of the marks. Notwithstanding the
prima facie assessment, the appellant's mark is a device
mark, and they have no registration
also applied for registration of the following
marks as trade marks under the Trade Marks Act , and the applications
have cleared the stage of checking ... multitude
of ART marks being available on the Register of Trade Marks, but of
actual user of all such marks. Thus, he submits
long
usage of the mark 'HALDIRAM', as also its formative marks such as
'HALDIRAM'S' and 'HALDIRAM BHUJIAWALA
ARMOUR". Plaintiff also claims registrations in various "ARMOUR"
formative marks such as "ARMOURBLOCK", "ARMOURVENT",
"ARMOURBITE ... plaintiff's marks
F.5 Monopolizing intent of plaintiff
F.6 Arbitrary adoption of marks/origin of the mark
F.7 Close competitors
mark RANRAFT before the Trade Marks
Registry, on a 'proposed to be used' basis on 03.06.2022. Though the Trade
Marks Registry cited ... party registration of the mark RINIRAFT under
Registration No.5101827 dated back to 24.08.2021 as a conflicting mark to
the mark RANRAFT of the defendant
