https://www.taxtmi.com/caselaws?id=168152 Trade mark conflict was tested by comparing the marks as a whole, with emphasis on their visual and phonetic effect and the likelihood of deception among relevant purchasers. The shared terminal element was treated as common to the trade and descriptive of vitamin preparations, while the different prefixes, the nature of the goods, prescription-based sale, and retail licensing requirements reduced confusion. The mark was therefore not deceptively similar and rectification failed on that ground. The adopted word was also held to be an invented word rather than a merely descriptive expression because it did not directly convey the goods' meaning to ordinary users, so registration was maintained and the appeal was dismissed with costs. en-us Mon, 08 Sep 1969 00:00:00 +0530 Fri, 23 Jan 2015 12:44:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168152 Trade mark conflict was tested by comparing the marks as a whole, with emphasis on their visual and phonetic effect and the likelihood of deception among relevant purchasers. The shared terminal element was treated as common to the trade and descriptive of vitamin preparations, while the different prefixes, the nature of the goods, prescription-based sale, and retail licensing requirements reduced confusion. The mark was therefore not deceptively similar and rectification failed on that ground. The adopted word was also held to be an invented word rather than a merely descriptive expression because it did not directly convey the goods' meaning to ordinary users, so registration was maintained and the appeal was dismissed with costs. Case-Laws Indian Laws Mon, 08 Sep 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168152