Healthcare Services. had never noticed the
device of a single/double cross appearing on the
label/device marks of the plaintiff or even the words ... prominent device. The nature of business/services also
are of several kind. A label/device mark in relation to some
businesses, as of textile
multiple device marks containing the prominent feature
"DINDAYAL" in its registered composite marks ,
, primarily in Class 5. These registrations include device
labels where ... Learned Counsel specifically identified the defendants'
mark/device/label in dispute, including the impugned device mark
"Dindayal Ayurved Bhawan" which prominently reproduces
proposed new labels of the defendants, in order to assess whether
the proposed new labels infringe the registered device marks of the
plaintiff.
Signature ... fonts in the two labels.
20. When one compares these proposed new labels with the
plaintiff's device marks, it would be seen that
proprietor of the brand ―Black Dog‖
including its formative marks, logos, device mark, label and trade dress
of the bottles and flasks in which
STAG mark, as well as of its
label, and that, in replicating these features in its label, as well as in
the mark INDIAN STAG ... compared, and submits that they are allied products. Seen as
labels/device marks, she submits that the plaintiff's and defendants'
marks
using the trade mark 'CUTICOLOR' of the
Plaintiff and/or any other mark/ label/ device that is
deceptively similar/ infringing to the Plaintiff ... from passing off the
trade mark 'CUTICOLOR' of the Plaintiff or using any
other mark/ label/ device that contains the trade mark
using the trade mark 'CUTICOLOR' of the
Plaintiff and/or any other mark/ label/ device that is
deceptively similar/ infringing to the Plaintiff ... from passing off the
trade mark 'CUTICOLOR' of the Plaintiff or using any
other mark/ label/ device that contains the trade mark
goods/products/services bearing aforementioned mark TATA
of the Plaintiff and/or any other mark similar and/or
Signature Not Verified
Digitally Signed
By:KAMLA ... class 25 for
all kinds of hosiery goods' for a device /label mark containing
the mark TATA and undertake to never register the same
Applications by the petitioner for registration of the labels
and as device marks are pending with the
Registrar of Trade Marks.
Signature Not Verified
Signed ... labels for its ―GLUCON-D‖, the
plaintiff was using the following packing, which, as already noted,
stands registered as a device mark in the plaintiff
Word mark (it includes one or more words, letters,
numerals or anything written in standard character), 2. Device
mark (it includes any label, sticker, monogram ... FREEZ" device mark already stood rejected by the
Delhi Registry. Having thus obtained registration for its
"FREEZMIX" word mark, the defendants proceeded