FACTS:

The appellant filed for TM registration of the words ‘Sri Andal’ Madras Snuff with a depiction of goddess Sri Andal: The respondent's marks included the words “Sri Ambal” with a goddess Sri Ambal: Sri Andal and Sri Ambal were distinct deities but the names sound similar: The registrar of TM observed that in a composite mark the distinctive words appearing on it play an important part:

ISSUE:

Whether the proposed mark is deceptively similar to the respondent's registered marks, as per the Trade and Merchandise Marks Act, 1958?:

HELD:

The marks were deceptively similar and would lead to likelihood of confusion among consumers: The marks are looked at as a whole, with the picture of the goddess and the name, and also how they sound: So despite them being different deities altogether, the names sounding similar is a significant thing, especially cause not all consumers are Hindu or can differentiate b/w the two: [ Average consumer is a moron in a hurry ]: Hence the defendant was barred from using this TM:

Video Summary: https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3