Identical Stylization Triggers Deceptive Similarity Despite Dissimilar Goods

Intellectual Property By 0

Madras High Court set aside the dismissal of opposition to registration of the mark ‘Nandini’ in Class 3 for agarbattis, holding that identical phonetic identity and stylisation create deceptive similarity and likelihood of confusion with the appellant’s well-known ‘Nandini’ mark for dairy products, distinguishing it from the Supreme Court’s Nandhini Deluxe judgment due to absence of differentiating elements like suffix or different get-up.