Law: Trade Marks Ordinance, 2001

Section: 2(xxiv),14,80(1),80(3)(a),80(3)(b)

(a) Trade Marks Ordinance (XIX of 2001)--- ----Ss. 14 & 80(1)---Trade mark registration, validity of---Trade mark identical with and similar to an earlier trade mark---Resemblance of words and figurative elements used in both trademarks---Not only the visual appearance of the two trade marks were similar but they also related to the same products and thus an average mind of ordinary intelligence would consider the goods of the respondent as that of the applicant---Registration of trade mark in the name of respondent was likely to deceive or confuse the customers---Trade mark of respondent was declared to be invalid and resultantly struck off the Register of Trade Marks. Trademark of the applicant carried the word 'Arche' and a figurative element of a peculiar sign made by the hand above the word 'Arche'. Below the word 'Arche' mentioned in English language there was translation of the word in Thai and Siamese languages, which also constituted part of the trademark, which was registered by the applicant on 11-05-1973. Trademark of the respondent registered much later on 03-03-2008 resembled in material particulars with the trade mark of the applicant not only in the word 'Arche' but also in respect of the figurative elements. Prima facie, it seemed that the right of the applicant as claimed by registration of the features of his trade mark i.e. colour, scheme, design and get up and also on account of the prior use of the trade mark was being infringed by registration of the trade mark in the name of the respondent. Two marks in question resembled each other to such an extent that they were likely to deceive the mind of an unwary customer who would have to rely upon the leading characteristics of the mark of the applicant which characteristics were also comprised in and were part of the mark registered in the name of the respondent. In the present case not only the visual appearance of the two trade marks were similar but they also related to the same products and thus an average mind of ordinary intelligence would consider the goods of the respondent as that of the applicant. Registration of trade mark in the name of respondent was likely to deceive or…

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