Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Trademark Act 1940 likely to receive or cause confusion Acquiescence approach to determine effect of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Trade Mark - likely to receive or cause confusion - approach to determine - Acquiescence - effect of - Trade Marks Act, 1940 (V of 1940)., Ss. 8, 10 The respondent applied for registration of the trade name ‘Lakshmandhara’ in relation to the medicinal preparation manufactured by him at Kanpur since 1923. . It was admitted that the respondent’s product was mainly sold in the State of Uttar Pradesh. The appellant opposed the registration on the ground that it had an exclusive proprietary interest in the trade mark “‘Amritdhara” in relation to a similar medicinal, preparation which had acquired considerable reputation since 1903 and that the respondent’s trade name “Lakshmandhara” was likely to deceive and cause confusion and therefore the registration was prohibited by s. 8 of the Trade Marks Act The Registrar of Trade Marks held that there was sufficient similarity between ‘‘Amritdhara’ and ‘‘Lakshamandhara’’ so as to cause confusion and it was likely to deceive the public, but the acquiescence of the appellant in the use of the trade name ‘“Lakshmandhara” by the respondent in the relation to his product for a long period to the knowledge of the appellant was special circumstance under s. 10(2) entitling the respondent to have his name registered along with the appellant’s trade name. He, however, confined the registration to sales with the State of Uttar Pradesh.Both the appellant and the respondent appealed to the High Court which allowed the respondent’s appeal holding that the words “Amrit” and “dhara” were common words in the Hindi language as also the words ‘‘Lakshman” and “dhara” and that there was no possibility of any Indian confusing the two ideas. The High Court further held there had been honest concurrent user by the respondent. On the question of acquiescence it held against the respondent. On appeal by special leave. Held, that the question whether a trade name is likely to_ deceive or cause confusion by its resemblance to another already registered is a matter of first impression and one for , decision in each case and has to be decided by taking an over all view of all the circumstances. The standard of comparison to be adopted in judging the resemblance is from the point of of view of a man of average intelligence and imperfect recollection. . Held, further, that the two names as a whole should be considered for comparison and not merely the component words thereof separately. Held, also, that in the present case the similarity in the two name in respect of the same description of goods was likely to deceive or cause confusion; but the facts found by the Registrar established the plea of acquiescence so a to bring the case within sub-s.(2) of s. 10, and the Registrar was right in imposing the limitation which he imposed. |
Judge | Hon'ble Mr. Justice S.K Das |
Neutral Citation | 1962 INSC 170 |
Petitioner | Amritdhara Pharmacy |
Respondent | Satyadeo Gupta |
SCR | [1963] 2 S.C.R. 484 |
Judgement Date | 1962-04-27 |
Case Number | 22 |
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