Court : Delhi
Reported in : 2008(36)PTC520(Del)
..... circumstances of the assignment alleged by the petitioner, in its favor, of the trade mark in 2004 and two whether notice under section 25 was issued and if so to whom at the relevant time. these can be better considered ..... been impugned, are appealable to the appellate board., in terms of section 91. the appellate board has been established under section 83 of the trade marks act, 1999.12. i am of the opinion that at least two important aspects involve examination into facts i.e. the nature and surrounding ..... had been issued.10. now the decisions relied upon by the petitioner, particularly in polson's case is undoubtedly suggestive of an understanding that trade-marks can be renewed despite lapse of the period. this understanding was based upon an appreciation of the law expounded in kerly's treatise on trademarks ..... the renewal is sought after expiry of the period. it was urged that the court held that there is no restriction placed in the renewal of trade mark retrospectively and that the provisions of the statute were not mandatory. similarly, the judgment of madras high court reported as abdul karim sahib & sons. ..... to issue and serve notice in the prescribed manner to the registered proprietor about the date of expiration. to enable renewal of registration of the trade mark without due compliance with such requirement, the use of power under section 25(4) and submitted that even after removal the registrar had the .....Tag this Judgment!
Court : Chennai
Reported in : LC2007(1)210; 2007(34)PTC553(Mad)
..... , learned senior counsel appearing for the appellants.4. it is not in dispute that the advertisement regarding the application for registration of the trade mark in question, appeared in the trade marks journal dated 16-7-1992 and it is also not in dispute that the notices of opposition were received by the registry on 23-11 ..... beyond the period of four months prescribed under section 21(1) of the act, is not proper. therefore, the order of the assistant registrar of trade marks, dated 30-6-1993 and that of the learned judge in t.m.a. nos. 7 and 8 of 1993 are set aside and the respondent ..... by the learned senior counsel, the issue is already covered by the judgment of the division bench of travancore-cochin in pavunny ouseph v. registrar of trade marks air 1952 tc 77 and we respectfully agree with the ratio laid down therein. if the words 'date of the advertisement' are given any other meaning ..... fact received by various subscribers only on 23/24-7-1992, the appellants filed 4 supporting affidavits sworn to by employees of 4 leading firms of trade mark attorneys at delhi, along with their interlocutory applications. three of them confirmed having received the journal on 24-7-1992 and one of them confirmed ..... -1992. but according to the appellants, the trade mark journal dated 16-7-1992 was received in the office of their attorney at delhi on 24-7-1992 and that therefore the notice of opposition .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC22; JT1998(7)SC243; 1998(5)SCALE655; (1998)8SCC1; Supp2SCR359
..... test whether the answer is correct.53. section 56 contemplates proceedings of varying nature. the proceedings contemplated by sub-section (1) relate to the cancellation of trade mark or varying the registration of trade mark, on the ground that the condition on which the registration was granted, was either violated or there was failure in observing the condition of registration. these ..... obtained. if, at the expiration of the time prescribed in that behalf, those conditions have not been duly complied with, the registrar may remove the trade mark from the register. but the trade mark can be restored and it can be renewed provided an application is made within one year from the expiration of the last registration and provided the ..... look at other relevant provisions of the act.34. section 4 provides that central govt. shall appoint a person as controller-general of patents, designs & trade marks who shall be the registrar of trade marks under the act. the functions of the registrar, as are authorised by him, can also be performed by such other persons as the central government may ..... three, as registrar has also addressed us has revolved. this section also speaks of the 'tribunal', 'registrar' and the 'high court'.46. chapter viii deals with certificate of trade marks, chapter ix contains 'special provisions for textile goods', while chapter x deals with offences, penalties and procedure therefore. chapter xi contains the miscellaneous provisions which, inter alia, provides that .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1952P& H266
..... defined in section 219 of the government of india act, 1935.'it is true that abdur rahman, j., in 'abdul ghani ahmed v. registrar of trade marks', air 1947 lah 171, said that unless there was a branch registry in the punjab an appeal from the registrar's decision, whether given at bombay ..... whose jurisdiction that district court is situated.' under this section das, j., when he was incalcutta observed in 'india electric works ltd. v. registrar of trade marks', 51 cal w n 42 at p. 54:'it is not quite intelligible as to what is precisely meant by the expression 'high court having jurisdiction' ..... the registrar under this act or the rules made thereunder to the high cours having jurisdiction: 'provided that if any suit or other proceeding concerning the trade-mark in question is pending before a high court or a district court, the appeal shall be made to that high court, or, as the case ..... high court or to the registrar, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention of, or failure to observe a condition entered on the register in relation thereto.(2) any person aggrieved by ..... which is sought tobe executed has been placed on the record. it isa very comprehensive decree and it cannot besaid that it is not concerning the trade-mark inquestion, and it is not necessary at this stage togive any final adjudication upon the point, but forthe purpose of seeing whether this court wouldhave .....Tag this Judgment!
Court : Delhi
Reported in : 2006(32)PTC285(Del)
..... issuance of appropriate writ, direction and order in the nature of certiorari and/or any other writ/order quashing the registration certificate of the trade mark registration no. 1280913 granted under the trade marks act, 1999 by the registrar of trade marks. it has been asseverated that the petitioner has filed a rectification application before the intellectual property appellate board (ipab) which, however, is not ..... pursue appeal/rectification application which it has already filed. secondly, the petitioner can avail the remedy of a review as contemplated by sections 57(2) and 127(c) of the trade marks act. he also contends that while the contesting respondents have no objection to the withdrawal of the writ petition with liberty to pursue the relief before the ipab, if any ..... been noted in these proceedings that on 20.10.2005 joint secretary, government of india, had appeared in this court and had stated that the appointment of the technical member (trade marks) of the appellate board would be carried out within one month. this was not done and time was extended up to 20.1.2006. the appointment of the technical member ..... court besides generating a multiplicity of proceedings.6. prima facie on the strength of the above observations no proceedings are maintainable before the registrar, trade marks, either under section 57(2) or section 127(c) of the trade marks act, 1999. in any event it is not open to the respondents to dictate to the petitioner which remedy it should avail of. if .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1955SC558; 2SCR252
..... the establishment of the requisite jurisdictional fact and upon the finding that the proprietor was not entitled to the exclusive use of any particular part or matter contained in the trade mark the registrar became entitled, without anything more, to require a disclaimer of that part or matter. this extreme position, however, was not maintained in the end and it was ..... stated in his judgment delivered on the 24th march, 1950, directed rectification of the register by inserting a disclaimer of the word 'shree' in the following terms : 'registration of this trade mark shall give no right to the exclusive use of the word 'shree'.' 5. feeling aggrieved by the aforesaid decision the respondent company preferred an appeal to the high court at ..... bikash rakshit, a director of the respondent company, in support of its objection. the registrar not having then pressed his proposal for disclaimer the respondent company's said mark was duly registered as trade mark no. 3815. 4. it appears that subsequently the registrar found that the word 'shree' was used by hindus as an auspicious symbol and placed even on letter ..... produced and marketed by him a device which, with some slight modification not materially altering its essential features, was, on the application of the respondent company, registered as its trade mark no. 3815. that mark was and is a device consisting of the word 'shree' written on the top in bold bengali character, having below it an ornamental figure with the word 'shree .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1962Bom82; (1961)63BOMLR642
..... any description of the goods in respect of which that word is used, there could possibly be no objection to such word being registered as a trade mark under the trade marks act(11) i may point out that the word 'lekha' is almost interchangeable with the word 'rekha'.'rekha' means 'streak or a line'. ..... interesting question has been raised on this petition and the question is as to whether the word 'sulekha' which was registered as a trade mark by the registrar of trade marks as far back as on 4th may 1953, in connection with fountain pens, nibs, etc, which were being manufactured by the petitioners means ..... is far more unknown than the word 'sulekha' itself as meaning 'good writing'. in these circumstances, i am of the opinion that the registrar of trade marks was not justified in attempting to discover the meaning of the word 'sulekha' by splitting it into 'su' and 'lekha' and then finding out ..... first instance, did not call upon the petitioners to show cause as to why the word 'sulekha' should not be expunged from the register of trade marks because in his opinion the word 'sulekha' meant something different from what was in terms stated therein. viz., 'good writing'. the only contention ..... a description of the fountain pens and other materials manufactured by the petitioners, in which event, that word would not be registrable as a trade mark.(2) it appears that the petitioners started the business of manufacturing fountain pens and other materials some time in 1951. they dealt in these .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1962Bom88; (1961)63BOMLR650
..... were prepared under a patented process which was not a fact at all. in these circumstances, the case would fall under section 8 of the trade marks act which provides as follows:'no trade mark nor part of a trade mark shall be registered which consists of or contains, any scandalous design, or any matter the use of which would- (a) by reason of its being ..... , be disentitled to protection in a court of justice. . . . . .' by virtue of this provision, therefore, the petitioners would be disentitled to claim any registration of the word 'patentex' as a trade mark in respect of their contraceptives. mr. shah however, contended that section 8 did not come into operation in this case for the simple reason that it deals with disentitling a ..... application as aforesaid. mr. shah, however, conceded that during the years of the second world war no contraceptives of the petitioners were at all marketed in this country under the trade mark 'patentex'. obviously, therefore, the provisions of the proviso to sub-section (3)- of section 6 of the act are not complied with mr. shah, however, contended that the time taken ..... of its long association with the petitioners' contraceptives as contemplated by clause (e) of sub-section (1) of section 6, provisions of sub-section (2) of section 6 of the trade marks act which explains the expression 'distinctive' may first be noted. that sub-section provides as follows:'for the purposes of this section, the expression 'distinctive' means adapted, in relation to .....Tag this Judgment!
Court : Chennai
Reported in : LC2007(3)409; 2008(36)PTC315(Mad)
..... same the learned judge has referred to several english decisions like champagne case, sherry case, scotch whisky case and advacaat case and several passages from kerly's law of trade marks and trade names and deduced the following principle viz., the question whether one name is likely to cause confusion with another is a matter upon which the judge must make up ..... for registration of the trademark peter scot; no opposition or objection has been taken from 1968 until 1986 by which time, the appellants has established a reputation for the trade name and trade mark; 'peter scot' had found acceptance from customers not only in india but throughout the world; the figures from the year 1968 up to date would show the extent ..... the operation of section 56 of the act. the rights created under the trips agreement or under the geographical indication act are in addition to the provisions of the trade marks act of trips requires member states to make provisions for protecting geographical indications and make provisions for preventing the acts resulting in unfair competition.15. we have carefully considered ..... rectification and also 20 third party affidavits have been filed as evidence. but the appellant herein did not file any evidence in support of registration.5. the deputy registrar of trade marks, the third respondent herein framed the following five issues;(1) whether the applicants are 'persons aggrieved' under section 56;(2) whether the application for rectification is not maintainable .....Tag this Judgment!
Court : Chennai
Reported in : AIR2009Mad196
..... of the appellate board in rejecting the appeal against the refusal to review that order. no case is made out to review the order passed by the deputy registrar of trade marks, chennai, and therefore, there was no error in rejecting the appeal. in the circumstances, we hereby dismiss this writ petition, however, without any order as to costs. consequently, ..... the respondent - 3 being registered (which has been subsequently registered in december, 2007) the petitioner had the remedy to apply for rectification of the register under section 57 of the trade marks act. the petitioner had, in fact, made such a request in the proceedings before the delhi high court, and had filed the rectification application in june, 2008. therefore, the ..... filed within the prescribed extended time along with the requisite fee in the form of a cheque, that only the cheque remained unsigned inadvertently, that the deputy registrar of trade marks ought to have received this opposition, that in any case when the review was filed, the same has been dismissed without assigning any reasons whatsoever, that the petitioner/appellant ..... choice'. the petitioner claims that the product under this brand name is in the market since 1988, but the petitioner became the proprietor thereof from 23rd february, 2007. the trade mark registration for the mark 'officer's choice' in class no. 33 in respect of alcoholic beverages namely., whisky has been registered under registration no. 538927b with effect from 26th october, 1990, .....Tag this Judgment!