Only because a registered trade mark is not used in exactly the same form as it is registered, it cannot be said that the registered proprietor has abandoned the said registered trade mark. So long as the registered trade mark is used, substantially in the same form or manner in which it is registered, it must be deemed/considered to constitute the use of the registered trade mark. So long as the trade mark which is actually used by the plaintiff consists of its leading, essential and prominent features, the use of the said trade mark will be deemed to constitute use of the registered trade mark itself. The trade mark label undergoes change in shape/size to suit the container on which it is affixed. Sometimes, additions/deletions are made in the trade mark label in accordance with the statutory/regulatory requirements. Use of such altered trade mark labels would be deemed to constitute the use of the registered trade mark. However the alterations should not be such as would substantially alter the identity of the mark with reference to its prominent, leading and essential features.
- SKOL Breweries Ltd. vs. Som Distilleries & Breweries Ltd.; 2012(49) P.T.C. 231
- SKOL Breweries Ltd. vs. Fortune Alcobrew Pvt. Ltd.;2012(50) P.T.C. 413(Bom.)
- Sabmiller India Ltd. vs. Jagpin Breweries Ltd.; 2014 (5) Bom CR 72