Law:

Section:

(a) Speaking order------Not length of order, but its quality is important. (b) Trade Marks Act (V of 1940)--- ---Ss. 8(a) & 10(1)---Registration of trademark having name similar to that of an already registered trademark---Determination---Infringement or passing off in respect of earlier trademark---Test stated. Whether a proposed trademark with a name similar to that of an already registered trademark can also be registered, or be regarded as infringement or passing off in respect of the earlier trademark, the test is whether through a similarity in name and pronunciation, the two trademarks are likely to cause confusion in the mind of the public. Where only the prefix of the trademark (which is generic in nature) is similar and the suffixes are largely different, then there is lesser chance of confusion. English Laboratories (Pvt.) Ltd. v. Chas A. Mendoza 1998 MLD 1234; In the matter of an application by Beck, Koller and Company England Limited for the registration of a Trade Mark, before the Assistant Comptroller 1947 RPC 76; Glaxo Laboratories Ltd. v. Asstt. Registrar, Trade Marks PLD 1977 Kar. 858 and Zenith Laboratory (Pak.) Ltd. v. British Drug Houses Ltd. PLD 1970 Dac. 772 rel. (c) Trade Marks Act (V of 1940)--- ----Ss.8(a) & 10(1)---"Gluconorm" and "Clucophage", both medicines being used for treatment of diabetes---Applications for registration of trademark "Gluconorm" opposed by holder of registered trademark "Glucophage"---Validity---Where only prefix of trademark (generic in nature) was similar and suffixes were largely different, then there would be lessor chance of confusion---Both such trademarks contained prefix "Gluco", which would not alone exclude applicant's product from being registered---Suffixes of both such marks being "Phage" and "Norm being entirely different in spelling and pronunciation from each other---Packing boxes of both such medicines were of different colours and showing different spelling of suffixes and chemical names underneath---Person interested in purchasing either of such medicines might have benefit of pharmacist's advice or medical practitioner---Public would not be confused by marks "Clucophage" and…

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