https://www.taxtmi.com/caselaws?id=294694 A trade mark must be assessed as a whole, having regard to the goods, manner of use and overall consumer impression, and registration may not be refused merely because competing marks fall within the same class. Here, the appellant's mark was visually and contextually different, its goods were not the same as the respondent's milk and milk products, and the respondent could not claim monopoly over an entire class when its actual use was confined to a limited range of goods. The court also found that protection for a well-known mark and the broader bar under Section 11(2) were not made out, while the appellant's long use supported concurrent use for its different goods. en-us Thu, 26 Jul 2018 00:00:00 +0530 Wed, 28 Apr 2021 11:51:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294694 A trade mark must be assessed as a whole, having regard to the goods, manner of use and overall consumer impression, and registration may not be refused merely because competing marks fall within the same class. Here, the appellant's mark was visually and contextually different, its goods were not the same as the respondent's milk and milk products, and the respondent could not claim monopoly over an entire class when its actual use was confined to a limited range of goods. The court also found that protection for a well-known mark and the broader bar under Section 11(2) were not made out, while the appellant's long use supported concurrent use for its different goods. Case-Laws Indian Laws Thu, 26 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294694