145. MARKS LIKELY TO DECEIVE OR TO CAUSE CONFUSION.-(1) A trade mark consisting of numerals, letters, fractions, letter fractions or any combination thereof, and not being a balanced numeral, shall not be capable of being registered as a textile mark if it does not differ from a trade mark registered in the name of a different person in respect of the same goods or description of goods- (a) In the case of a numeral not exceeding four digits, in at least one corresponding digit; (b) In the case of numeral of five digits, in at lest two corresponding digits; (c) In the case of a numeral of six digits, in at least three corresponding digits,. (d) In the case of a combination of two letters, in at least one corresponding letter; (e) In the case of combination of three or four letters, in at least two corresponding letters; (f) In the case of a combination of five or six letters, in at least three corresponding letters; (g) In the case of a mark consisting of one letter and one numeral digit, in at least one of them; (h) In the case of a mark consisting of one letter and two or three numeral digits, in at least one corresponding numeral digits; (i) In the case of a mark consisting of one letter and four or more numeral digits, in at least two corresponding digits; (j) In the case of a mark consisting of two or more letters and one or more numeral digits, in at least one corresponding letter and one corresponding numeral digit; (k) In the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is three or four, in at least one corresponding digit from either the numerator or the denominator; (1) In the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is five or more, in at lest one corresponding digit in the numerator and one corresponding digit in the denominator or two corresponding digits in either the numerator or the denominator; (m) In the case of a combination consisting of a numeral and a fraction in at least one corresponding numeral digit; (n) In the case of a combination of letters, numerals, and fractions (including letter fractions)- (i) Where the total number or digits excluding the fraction is not more than three in at least one corresponding digit; (ii) Where the total number of digits, excluding the fraction, is four or more, in at least two corresponding digits. (2) Nothing in sub-rule (1) shall be construed to signify that where a trade mark does not come within the scope of any case specified in the said sub-rule, the mark shall necessarily be regarded as not being likely to deceive or to cause confusion.
|