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sign, secret formula or process or trade mark or similar property, if such income is payable in pursuance ... model, design, secret formula or process or trade mark or similar property;
(ii) the imparting of any information concerning
Central Government Act
mark from t ose of others;
(h) " deceptively similar".- A mark shall be deemed to be deceptively similar to another ... part of a trade mark; and
(b) is or are identical with or deceptively similar to the name or initials
Central Government Act
identity with an earlier trade mark and similarity of goods or services covered by the trade mark ... well- known trade mark against the identical or similar trade marks;
(ii) take into consideration the bad faith involved either
Central Government Act
certification trade mark, of that person;
(d) " deceptively similar":-- A mark shall be deemed to be deceptively similar to another ... part of a trade mark; and
(b) is or are identical with or deceptively similar to the name or initials
Central Government Act
impugned trade mark 'Betalong' or any other trade mark deceptively
similar to Plaintiff's said registered trade mark 'Bctaloc ... acts of
infringement in adopting and using the similar trade mark 'Betalong' in
respect of the similar goods. According
Bombay High Court
user thereof particularly in view
of the similar marks and get-ups being available after the
discontinuation thereof ... that even according to the Appellant the
allegedly similar marks and get-ups that are available in the market
Bombay High Court
infringer is using the said mark or a deceptively similar mark with the
object of inducing customers to buy goods ... phonetic
similarity was applied by judging the two competing marks.
Similarly, in Durga Dutt Sharma case , it was
observed that
Delhi High Court
Section 12 prohibits
registration of identical or deceptively similar trade marks which is
already registered in the name of different ... likelihood of confusion or deception
arising from similarity of marks is the same both in infringement
and passing-off actions
Madras High Court
itself
independently marketing CEFTAZIDIME injections under a deceptively
similar mark ORZID.
(e) OCPL had successfully defended an application for injunction ... similarity of the two marks. In the context of similar marks the
„essential feature‟ test as evolved in Durga Dutt
Delhi High Court
right to use the said trade mark, which is similar or deceptively
similar, phonetically or confusingly similar to their trade ... likelihood of confusion or deception
arising from similarity of marks is the same both in infringement and passing-
off actions
Andhra High Court
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