TRADE AND MERCHANDISE MARKS ACT, 1958

Section [28.] Rights conferred by registration.

Plaintiffs trade mark MICRONIX and that of the defendant MICROTEL. Neither visually nor phonetically MICRONIX and MICROTEL have any similarity though name of both the trademarks starts with the word 'MICRO'. Micro is a generic term as it refers to state of art technology and cannot be monopolised by any person as both the parties are in same trade using micro technology as in every electronic and electrical items, micro chips are used and that is why both the articles cannot be confused as to their source or origin by use of word "MICRO" as a prefix to the mark or trade name. Even from the look the style and colour combination and get up of both the trademarks are entirely different and there is not even a remotest similarity.
So far as the letters of the word "BOOSTER" and the word "R" are concerned these have such similarities, which in spite of trademark being little different because of microchip technology, which are definitely deceptive and confusing. Defendant can be injuncted only from using the word "BOOSTER" in the same style as being used by the plaintiff and in no other respect.

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