F. HOFFMANN-LA ROCHE & CO. LTD. vs GEOFFREY MANNERS & CO. PVT. LTD.

The Supreme Court held that the trade mark 'DROPOVIT' is not deceptively similar to 'PROTOVIT' under Section 12(1) of the Trade and Merchandise Act, 1958. The Court established that the test for deceptive similarity involves considering the probable effect on ordinary customers, applying both visual and phonetic tests. The appeal was dismissed as the Court found no reasonable probability of confusion between the two marks due to their distinct phonetic and visual characteristics.