similar and hence similar in
idea
(c) the nature of the goods in respect of
which they are used to trade marks
(d) the similarity ... that
the two do not have such phonetic similarity so
as to make it objectionable.
21. In our considered opinion the facts of the
said
ENERJASE' or any other trade mark which is deceptively or phonetically similar to the plaintiff's trade mark 'ENERJEX ... expression 'ENERJASE' or any other trade name deceptively and phonetically similar to those of the appellant's trade name/trade mark
suffix
in such a manner which is not visually and phonetically similar.
9. Let us now consider the rival contentions of the parties ... between an alphabet and a numeral. They
also do not sound phonetically similar. Nature of the products which are
RFA (OS) No.90/2010 Page
graveman of the plaintiff's grievance is
the introduction of similar drug i.e. sildenafil
citrate for same treatment, namely, 'ED' launched ... trade mark VIAGRA. The defendants product
PENEGRA is not only phonetically similar to that of the
plaintiff's trade mark VIAGRA but the defendants
urged that if the two marks bear no ocular similarity, and phonetic similarity of words like 'DON' or 'down' it cannot ... trade mark is that the word 'DON' is phonetically similar to the plaintiffs trade mark 'DOWN' and that the offending word
Trade Marks Act
encompassed infringement by use of similar marks, in respect
of similar goods, but similarity was not to be viewed by
reference ... websites.
(x) "MUMUM" and "MUMMUM" were phonetically
identical. Phonetic similarity was to be gauged, under Section
29 (9) of the Trade
first impression.
(iv) This is especially true in the matter of phonetic similarity.
A meticulous comparison of the words, syllable by syllable ... into its
components, but would go by the overall structural and
phonetic similarity of the marks at the nature of the goods
previously purchased
treatment of similar disease and containing similar salt. According to the plaintiff, the aforesaid trademark LIPICOR of the defendants is deceptively and confusingly similar ... phonetic similarity between the two words, no injunction could be granted as in similar cases injunctions were refused amidst alleged phonetic similarity, instances of which
entirely different from that of Triaminic. There is also no phonetic similarity between the two. A perusal of the packaging of the product would corroborate ... plaintiff urged the following points:-
(i) That the word CORIMINIC is phonetically similar with the word TRIAMINIC and/or TRIOMINIC and applying the test
appellant were correct to the extent that there is some phonetic
similarity between "HINDWARE" and "HIMWARE" but when the entire
trade ... plaintiff is correct to the extent that
there is some phonetic similarity between Hind Ware and
Him Ware but when the entire trade mark
