https://www.taxtmi.com/caselaws?id=197596 In a medicinal trade mark dispute, the Court found FORZID and ORZID deceptively similar on phonetic, structural, and overall comparison from the standpoint of an average purchaser with imperfect recollection, and the shared descriptive suffix did not avoid confusion. Prior registration and prior use of ORZID weighed against the later mark, especially because prescription medicines require a stricter approach where confusion may affect health and dosage. The pleas of acquiescence and honest concurrent use also failed for want of supporting material. The rectification order was therefore upheld and the petitioner's mark remained removed from the register. en-us Mon, 04 Jul 2011 00:00:00 +0530 Wed, 10 Jan 2018 15:35:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197596 In a medicinal trade mark dispute, the Court found FORZID and ORZID deceptively similar on phonetic, structural, and overall comparison from the standpoint of an average purchaser with imperfect recollection, and the shared descriptive suffix did not avoid confusion. Prior registration and prior use of ORZID weighed against the later mark, especially because prescription medicines require a stricter approach where confusion may affect health and dosage. The pleas of acquiescence and honest concurrent use also failed for want of supporting material. The rectification order was therefore upheld and the petitioner's mark remained removed from the register. Case-Laws Companies Law Mon, 04 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197596