ISSUE:
Whether ""DROPOVIT' is deceptive and similar to the word “PROTOVIT” and it offends the provision of Section 12(1) of the Trade and Merchandise Act, 1958?
Whether “DROPOVIT” was descriptive or an invented word for Section 9 of the Act?
RULE:
As far as the deceptive similarity is concerned, Courts have largely depended upon an ordinary man’s reasoning, that is, of the average customer.
These include the nature of the mark, the degree of visual and phonetic resemblance between the marks, the similarity between the products or services or the class of purchasers and the mode of purchasing, and lastly, any other circumstances relevant to the case, depending on the facts.