AIR 2018 SUPREME COURT 3516 ::2018 (4) AKR 341 ::(2018) 4 CivLJ 633 ::2018 (9) SCC 183 ::(2018) 3 RecCivR 931 ::(2018) 9 Scale 202 ::(2018) 5 All WC 5211 ::(2018) 4 Cal HN 223 ::(2018) 6 AndhLD 34 ::2018 (4) KCCR SN 401 (SC)

Supreme Court Of India

(From: Karnataka)

Hon'ble Judge(s): A. K. Sikri, Ashok Bhushan , JJ

Trade Marks Act (47 of 1999) , S.11(2)— Registration - Challenge as to - Trade mark whether deceptively similar - Registered trademark of petitioner-company 'NANDINI' in respect of milk and milk products whereas opposite party running restaurant having registered trademark as 'NANDHINI DELUXE' in respect of goods like coffee, tea, sugar, cereals, meat etc. used in services of restaurant business - Nature of goods of both parties are different and belonging to different classes under schedule - Opposite party failing to acquire distinctiveness in respect of his trademark 'NANDHINI' within four years of its adoption - Trademark with logo adopted by both parties are totally different and cannot be said to be deceptively similar - Registration of trademark by parties in their favour, found to be proper. (Para 24 25 28 29 30 32) .....