On the Virtue of Alphabet a Trademark Cannot be Granted

The question of infringement of trademark has been subject to widespread deliberation. Section 29 of the Trademark Act 1999 talks about various aspects related to infringement as given in Section 29 (1) that a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark.

Where a case of similar marks are in fact similar to the extent of being deceptive was concerned, certain principles were set out in the case of Cadilla Healthcare v. Cadila Pharmaceuticals. In 'Reckitt Coleman v. MP Ramachandran [1999 PTC (19) 741 (Cal)] the Court held (in reference to disparative advertisements) that for a Court to adjudge infringement