ARTICLE · 24 MAY 2011

"Glucon-D" v. "Goldcon-D"- Comparison Of The Whole

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It is a well settled principle in Trademark Law, which the Courts have applied time and again in innumerable cases, that the disputing marks have to be judged in their totality and must not be broken in parts for the purpose of comparison.

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Sonam Lhamu Bhutia

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It is a well settled principle in Trademark Law, which the Courts have applied time and again in innumerable cases, that the disputing marks have to be judged in their totality and must not be broken in parts for the purpose of comparison. This principle of "entirety" was applied by the Delhi High Court in the case of Smt. Raj Wadhwa.v. Glaxo India Ltd. and Ors. in finding the two marks "GLUCON-D" and "GOLDCON-D" similar on phonetic and visual grounds.

Smt. Wadhwa, the Petitioner, aggrieved by the Order of the Intellectual Property Appellate Board (IPAB) passed on 9th March, 2005, which dismissed her appeal, filed a writ petition before the High Court at Delhi. A brief outline of the facts leading to the Writ Petition is as follows:

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