a trade mark-
(a) contains any part-
(i) which is not the subject of a separate
application by the proprietor for registration
as a trade ... that the registration
of a trade mark confers exclusive right to the use of the trade
mark taken as a whole and not separately
a) If the trade mark contains any part which is neither the subject matter of a separate application nor registered separately as a trade mark ... that the registration of a trade mark confers exclusive right to the use of the trade mark taken as a whole and not separately
Trade Marks Act, 1999 says:
17. Effect of registration of parts of a mark.--
(1) When a trade mark consists of several
matters, its registration ... a when a trade mark consists of several
matters, its registration confers on the proprietor exclusivity only to
the trade mark taken as a whole
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a trade mark confers exclusive right to the use of the trade mark
taken as a whole and not separately ... mark as registered. If a device
mark is pitted against another device mark or a word mark is
pitted another word mark, the tests would
trade mark in relation to a trade mark.
Chapter II provides for appointment of the Controller-General of
Patents, Designs and Trade Marks ... Registration of parts of trade marks and of
trade marks as a series.--(1) Where the
proprietor of a trade mark claims to be entitled
trade mark to the
use of any particular word or name contained therein apart
from the mark as a whole. As said by Lord Esher ... parts contained in a trade mark registered as a whole
although the registration of the mark as a whole does not
confer any statutory right
a somewhat vague recollection that he had purchased a similar medicine on a previous occasion with a similar name. The trade mark is the whole ... decided by a comparison of the marks as a whole;
ii) that on comparison of the marks it appeared that there was a likelihood
proprietor for registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade mark; or
Page ... a trade mark consists of several matters, its registration shall confer on the proprietor exclusive rights to use the trade mark taken as a whole
proprietor of a registered
trade mark which consists of several matters, exclusive right to use the trade mark
when taken as a „whole‟. Sub-section ... registration.
(iv) A trade mark registration confers on the proprietor exclusive right to use the
trade mark as a "whole".
(v) There
STAR" as a trade mark on its cycles, though it has adopted the trade mark "ROYAL STAR" on its cycles since ... trade mark to the use of any particular word or name contained therein apart from the mark as a whole." He next referred
