Discussion
In which of the following case while deciding the dispute whether the trade mark of plaintiff and respondent are likely to be a deceptively similar and may create confusion the Apex court expressed - "........the proprietor of the trade mark cann't enjoy monopoly over the entire class of goods and particularly, when he is not using the said trade mark in respect of certain goods falling under the same class."
Choose the correct option :
Answer: D
The case is Nandhini Deluxe v Karnataka Co-operative Milk Producers Federation.
In this 2018 case the Karnataka milk federation, owner of the mark NANDINI for milk products, opposed the registration of NANDHINI by a restaurant chain for food items in the same classes. The Supreme Court allowed registration and observed that the proprietor of a trade mark cannot enjoy a monopoly over the entire class of goods, particularly when it does not use the mark for certain goods in that class.
National Sewing Thread (1953) concerned passing off of the EAGLE mark, and the two Delhi High Court decisions are not the Apex Court ruling quoted.
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