https://www.taxtmi.com/caselaws?id=170362 Trade mark registrability turns on comparison of the rival marks as a whole, with emphasis on their essential and distinctive features and on the impression likely to be retained by an average purchaser with imperfect recollection. The decision treats the dominant word element as controlling where subsidiary features do not avoid confusion, and holds that striking phonetic similarity can make a mark deceptively similar even if visual differences and device elements exist. Absence of proved actual confusion is not decisive, and claimed differences in meaning do not necessarily remove deception. Honest concurrent use was not established, so registration was refused. en-us Mon, 14 Apr 1969 00:00:00 +0530 Thu, 12 Nov 2015 10:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170362 Trade mark registrability turns on comparison of the rival marks as a whole, with emphasis on their essential and distinctive features and on the impression likely to be retained by an average purchaser with imperfect recollection. The decision treats the dominant word element as controlling where subsidiary features do not avoid confusion, and holds that striking phonetic similarity can make a mark deceptively similar even if visual differences and device elements exist. Absence of proved actual confusion is not decisive, and claimed differences in meaning do not necessarily remove deception. Honest concurrent use was not established, so registration was refused. Case-Laws Companies Law Mon, 14 Apr 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170362