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Judgment Search Results Home > Cases Phrase: registrable trade mark Page 1 of about 6,106 results (0.040 seconds)

Dec 14 1956 (HC)

Ram Rakhpal Vs. Amrit Dhara Pharmacy and ors.

Court : Allahabad

Reported in : AIR1957All683

..... 87 ('standard' case) (z12), lord macnaughten delivering judgment of the judicial committee of the privy council held that 'standard'' as applied to sanitary fittings was not a registrable trade mark and observed at page 90:'a common english word having reference to the character and quality of the goods in connection with which it is used, and having no reference ..... to it in the vocabulary; if it acquires a secondary meaning, viz., that of goods manufactured by a particular person, it becomes registrable. even a name can acquire a secondary meaning.'national' has been held to be a registrable trade mark for cash registers (see re, national cash register co.'s application, (1917-34 rpc 354) (h1), 43 empire digest, 152), ..... 'regimental' for cigarettes (see in re imperial tobacco co.'s trade marks, (1918) 2 ch 207 (i), 'quaker' for whisky (see re. ellis and co.'s trade mark, ((1904) 21 rfc 617 (ii), ..... made an application no. 3813 before the registrar of trade marks, bombay, defendant no. 3, for registration of trade mark amritdhara in class 5 of pharmaceutical substances.the trade mark was advertised in the trade marks journal as required under section 15(1) of the trade marks act (act no. v of 1940), but nobody objected to the registration of the trade mark. consequently the registrar registered the trademark on 16- .....

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Apr 21 2011 (HC)

Zino Davidoff Sa a Corporation Organized Under the Laws of Switzerland ...

Court : Karnataka

..... resemble each order, in exercise of the right to the use of that trade mark given by registration under this act. 31(2) in all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of distinctiveness and that such evidence was not ..... applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof. (2) in all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of ..... distinctiveness and that such evidence was not submitted to the registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or ..... submitted to the registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or .....

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Jul 30 2010 (TRI)

M/S the Himalaya Drug Company Vs. M/S Gufic Limited

Court : Intellectual Property Appellate Board IPAB

..... distinctiveness and that such evidence was not submitted to the registrar before registration, if it is proved that the trade mark has been so used by the registered proprietor or his ..... the act to remain on the register of trade marks. 43. under section 31 of the act registration of a mark is prima facie evidence of the validity thereof. under section 31(2) in all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not registrable trade mark under section 9 except upon evidence of ..... predecessor in title as to have become distinctive of registration. 44. the trade mark in our view which was not ..... protection if it has assumed a secondary meaning which identifies it with a particular product. vi) air 1962 bombay 82 ?? j.l.mehta and another vs. registrar of trade marks - registration of the trade mark sulekha for writing instruments was upheld though one of the meanings of the word sulekha was good writing. vii) air 1965 sc kaviraj pandit durga dutt sharma vs. .....

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May 19 1959 (HC)

E. Griffiths Hughes Ltd. Vs. Vick Chemical Co.

Court : Kolkata

Reported in : AIR1959Cal654

..... .9. the contention of the appellant is that the word 'karsote' in the appellant's trade mark 'karsote vapour rub' is an invented word and as it thus satisfies the requirements of clause (c) of sub-section (1) of section 6, it is a registrable trade mark. the appellant further contends that although the words 'vapour rub' are common words of the ..... english language and such words may be regarded as generic words common to the trade the appellant is entitled to registration of the whole of the trade mark proposed for registration, subject to its disclaiming its right to the exclusive ..... way of printed adhesive labels and so on.42. in my view the learned deputy registrar was not justified in suo motu amending the proposed trade mark of the respondent company and directing registration of such amended trade mark. but no fault can be found with the deputy registrar's direction correcting the name of the respondent company as 'vick chemical company' instead ..... , 1940.2. on 22nd october, 1945 the appellant, a british company carrying on the business of manufacturing chemists, applied before the registrar of trade marks, calcutta, for registration of a trade mark consisting of the words 'karsote vapour rub' represented in special type and the words 'protective comforting. germ killing' in smaller type, inside a black rectangular border, for a .....

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Jul 11 1974 (HC)

Lakshmi Narayan Karva and ors. Vs. Satyanarayan Khubchand Karva

Court : Chennai

Reported in : (1974)2MLJ453

..... 'rlk' alone. in the matter of an application by the diamond t motor car company to register a trade mark 38 r. p. c. 373 it is observed at page 380:.in order to ascertain whether the applicants' trade mark is a registrable trade mark, the sole question to be determined is whether it is adapted to distinguish the vehicles of the applicants from ..... those of other manufacturers, and in determining this question it is, in my judgment, immaterial to consider whether any of its component parts are not registrable by themselves under paragraphs (1) to ..... been threatening them with legal action. the assistant registrar considered the yearwar sales figures produced by the appellants for the goods sold under their trade mark and also under a number of other trade marks applied for registration by the appellants and expressed the opinion that it is neither possible nor proper to apportion any part of the sales turnover figures to the ..... with legal action, and they are, therefore, persons aggrieved, they contended that the user claimed by the appellants was false to their knowledge and, therefore, the registration of the trade mark of the appellants was obtained by misleading the registrar and the entry was made in the register without sufficient cause and it was wrongly remaining on the register. their .....

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May 15 2013 (HC)

Mohan Lal Proprietor of Mourya Industries Vs. Sona Paint and Hardwares

Court : Delhi

..... while allowing the appeal made the following crucial observations: ....in stating what he conceived to be the difference between a registrable design and a registrable trade mark, sargant l.j.said, at p. 668: a design form part of the goods themselves. a trade mark is something which is extra, which is added to the goods for the purpose of denoting the origin of the goods ..... , and, speaking generally of trade mark and design, the same thing is not a trade mark and a design. it is conceded that if this ..... designs act unlike that which is contained under the patents act (see chapter iv and v of the patents act) and the trade marks act (see chapter iii) does not entail entertaining an opposition to registration. there is, thus, a marked difference in the language as contained in sections 10(4) and 38 of the designs act as compared to section 31 of the ..... of money on advertisement and promotion of products, sold in containers bearing the designs in issue. 7.7 the defendants claimed to have obtained two trade mark registrations in class 4 bearing no. 1653586 and 736355. the defendants trademark is meco claimed to have used this trade mark since 1993. 7.6 preliminary objections have been raised in respect of the following: (i ) that the .....

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Apr 24 1968 (HC)

Prem N. Mayor and ors. Vs. Registrar of Trade Marks and ors.

Court : Kolkata

Reported in : AIR1969Cal80

..... evidence of distinctiveness and that such evidence was not submitted to the registrar before registration, if it is found that the trade mark had been so used by the registered proprietor or his predecessor-in-title as to have become ..... under section 56), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof. (2) in all legal proceedings as aforesaid a trade mark registered in part a of the register shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon ..... was known as the 'horse brand' and the other was known as 'pari ghora'. shah, j., in course of his judgment upholding the decision of the registrar of trade marks there in allowing registration of the horse with the fairy inter alia observed as follows:--'this makes, in my opinion, all the difference between the respective designs of the petitioners and the respondents ..... case giving rise to this dispute are simple. respondent pannalal agarwal of 157, netaji subhash road, calcutta made an application on the 18th april, 1960, for registration of part a of the register of a trade mark consisting of a label containing the device or a composite picture of a goddess seated on a lion and the words 'ma durga brand' underneath the .....

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Dec 16 2002 (HC)

B.N. and Company Vs. Peshawar Soap and Chemical Works and anr.

Court : Delhi

Reported in : 2003(26)PTC168(Del)

..... it is proved that the trade mark had been used by the registered proprietor or his predecessor in title as ..... 56), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.(2) in all legal proceedings as aforesaid a trade mark registered in part a of the register shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except ..... upon evidence of distinctiveness and that such evidence was not submitted to the registrar before registration, in all legal proceedings as aforesaid, if ..... not distinctive, thereforee, the respondent/plaintiff could not claim exclusive right. moreover, appellant has filed objections to registration of the trade mark 'kesh nikhar' before the registrar of trade mark, hence it could not said that this trade mark become conclusive under section 32 of the trade and merchandise marks act, 1958 hereinafter referred to as the act); (2) that the word 'kesh nikhar' is nt .....

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Nov 09 2012 (HC)

The Himalaya Drug Company Vs. M/S. S.B.L. Limited

Court : Delhi

..... of distinctiveness and that such evidence was not submitted to the registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor-in-title as to have become ..... under section 56), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.2. in all legal proceedings as aforesaid a trade mark registered in part a of the register shall not be held to be invalid on the ground that it was not registrable trade mark under section 9 except upon evidence ..... application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case. (4) the final order ..... manner to a high court or to the registrar by any person aggrieved, the tribunal may make such order as it may think fir for cancelling of varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto. (2) any person aggrieved by the absence or omission from .....

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Apr 25 2003 (HC)

The Court Receiver, High Court, as Receiver of the Business and Assets ...

Court : Mumbai

Reported in : 2003(3)ALLMR873; 2003(5)BomCR501; 2003(27)PTC555(Bom); [2003]45SCL335(Bom)

..... upon evidence of distinctiveness and that such evidence was not submitted to the registrar before registration, if it is proved that the trade mark had been so used buy the registered proprietor or his predecessor in title as to have ..... held to be invalid on the ground that it was not a registrable trade mark under section 9 except ..... defendant no. 1 cannot be accepted as long as it cannot be disputed that the trade mark is a property. there is no doubt that the trade marks in question have all the characteristics of trade marks. they stand registered in the name of the partnership firm. the registration is valid and subsisting. it is not possible to hold that the property in them ..... validity.--(1) in all legal proceedings relating to a trade mark registered under this act (including applications under section 56), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.(2) in all legal proceedings as aforesaid a trade mark registered in part a of the register shall not be .....

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