https://www.taxtmi.com/caselaws?id=236666 A composite trade mark must be assessed as a whole under the anti-dissection rule, and a common word within it cannot be monopolised in isolation where the overall commercial impression remains distinct. The word "IMPERIAL" was treated as an ordinary expression incapable of exclusive appropriation by one trader, and the mark, viewed in its entirety, was found sufficiently different from the rival mark. Rectification could not be sustained by applying infringement reasoning or by isolating one element instead of addressing the statutory scheme for registration and rectification under the Trade Marks Act, 1999. The rectification order was set aside and the mark remained on the register. en-us Thu, 16 Feb 2012 00:00:00 +0530 Wed, 04 Sep 2013 12:21:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=236666 A composite trade mark must be assessed as a whole under the anti-dissection rule, and a common word within it cannot be monopolised in isolation where the overall commercial impression remains distinct. The word "IMPERIAL" was treated as an ordinary expression incapable of exclusive appropriation by one trader, and the mark, viewed in its entirety, was found sufficiently different from the rival mark. Rectification could not be sustained by applying infringement reasoning or by isolating one element instead of addressing the statutory scheme for registration and rectification under the Trade Marks Act, 1999. The rectification order was set aside and the mark remained on the register. Case-Laws Companies Law Thu, 16 Feb 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=236666