- Court
- Delhi High Court
- Date of judgment
- Judge
- Mini Pushkarna
- Outcome
- Set aside
Headnote
Refusal of the mark PLANET E SCHOOL set aside and the Registry directed to process the application. Applying the anti-dissection rule as explained in South India Beverages, the Court held that composite marks must be compared as wholes and that it is impermissible to find deceptive similarity by comparing one portion of a mark with a portion of another where the composites viewed as wholes are dissimilar. Examining the component parts is a legitimate preliminary step, but deciding likelihood of confusion solely on a prominent feature while ignoring the rest violates the rule. The appellant offered to limit its claim, and the Court accepted that limitation.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.