Appellant, through Application No. 3757855, sought registration of ‘COCK’ word mark for ‘water and colour pistols, water and colour guns, water and colour sprayers, being toys included in Class 28’. The objection of Learned Senior Examiner predicated on registration granted to Chinna Nadar. Chinna Nadar’s mark is a composite device mark which includes words: ‘COCK BRAND’ and ‘AMORCES’. As such, the mark was not registered for toy pistols, but only for ‘amorces’. A toy pistol which sprays water cannot, howsoever much imagination were to be strained, be likened to ‘amorces’. Indeed, one would extinguish the other. Fire cannot be likened to water. It is irrelevant, both may be used in some festivals. The registration of ‘COCK’ word mark would not result in any likelihood of confusion. Application No. 3757855 would accordingly stand allowed.

– Hon’ble Justice C. Hari Shankar of Hon’ble High Court of Delhi, Manu Garg v. Registrar of Trade Marks, [CA(COMM.IPD-TM) 143/2021] decided on 01.02.2023.