IP Case Law › Trade Marks › Nandhini Deluxe v. Karnataka Co-operative Milk Producers Fed…
Relevant Acts and provisions
Trade Marks Act, 1999
Section 11Section 12Section 18Section 9
Provisions considered: Sections 9, 11, 12 and 18 of the Trade Marks Act, 1999, on grounds for refusal and honest concurrent use.
Brief facts
The respondent, a cooperative federation, had used the registered mark NANDINI for milk and milk products since 1985. The appellant, running restaurants under the mark NANDHINI with a distinct logo since 1989, applied to register NANDHINI for various food items in the same class, which the respondent opposed.
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Keywords
Classification Deceptive Similarity Dissimilar Goods Honest Concurrent Use Well-known Trade Mark
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