The wording has no similarity to attract for infringement for the Regd. Trade Mark user. The provision is extracted hereunder. So I feel that both are distinct and not the same and the new applicant is eligible for registration subject all other conditions and acceptance of the Registrar and his ability to prove the other evidences.
Rema Ph: 98950-69926.
Geographical indications of goods Act, 1999:- According to Section 8 and 9 of the Act, if the Registrar satisfies, the Geogrphical indication can be registered. The rights of regn is explained in Section 21 of the Act. The provisions of infringement is mentioned in Section 22 of the Act.
I don’t feel that both the words are similar or identical to attract infringement. A detailed provision for infringement under Trade Mark Act is given below: The same is also useful to you for taking a decision.
The Provision for Infringement of Regd. Trade Mark:-
Section 29 of the Trade Mark Act is that- A regd Trade Mark is infringhed by a person who, not being a regd. Proprietor or a person using by way of permitted use , uses in the course of trade, a mark which is identical with, or deceptively similar to, trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a Trade Mark.
2. Regd. Trade Mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of a) Its identity with the registered Trade Mark and similarity of the goods or services covered by such regd trade Marks, or b) Its similarity to the registered Trade Mark and the identity or similarity of the goods or services covered by such regd. Trade Marks or c) Its identity with the regd. Trade mark and the identity of the goods or services covered by such regd. Trade marks is likely to cause confusion on the part of the public, or which is likely to have a association with the regd. Trademark.
Section 29(3). In any case falling under clause ( c) of Section 29(2), the Court shall presume that it is likely to cause confusion on the part of the public.
Section 29(4). A regd trade mark is infringed by a person who, not being a regd. Proprietor or a person using by way of permitted use, uses in the course of trade, a trade which (a) is identical with or similar to the regd trade mark and (b) is used in relation to goods or services which are not similar to those for which the trade mark is registerd and ( c) the regd trade mark has a reputation in India and the use of the mark without due course takes unfair advantage of or is detrimental to the distinctive charetctor or repute of the Regd. Trade Mark.
Section 29(5) :- A regd trade mark is infringed by a person if he uses such regd. Trademark as his trade mark or part of its trade name, or name of his business concern or part of the name, or his businsess concerned dealing in goods or services in respect of which the trade mark is regd.
According to Section 29(7) a person is using or proposed to use a brand, trade mark when his application is pending, if the same is registered brand.