Suby and Another v. T. Suby Ltd. – sllr 1980 volume 2 page 065

In the case of Suby and Another (Appellants) versus T. Suby Ltd (Respondent), the issue concerned whether the appellant’s proposed trade mark for tea and cardamoms was likely to deceive or cause confusion in comparison with the respondent’s previously registered mark. The marks shared central visual features, notably an image of a boy, although each incorporated unique ornamental details. Upon review, it was held that the registration of the applicant’s mark was calculated to deceive, especially considering the prevailing similarity in overall impression left on ordinary consumers. This ruling reaffirmed the principle that the risk of confusion must be assessed based on the main features and impact of the mark, referring to statutory provisions governing trade marks and relevant precedents