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Judgment Search Results Home > Cases Phrase: trade marks Court: intellectual property appellate board ipab Page 1 of about 686 results (0.036 seconds)

Jun 08 2012 (TRI)

American Gem Society Laboratories Llc Vs. the Deputy Registrar of Trad ...

Court : Intellectual Property Appellate Board IPAB

..... indian market. that not being the case here, the application is not able to meet the primary objection raised in the examination report. (iv) similarly, in our view the trade mark ??setting the highest standard for diamond grading ? is totally descriptive and laudatory. it tells potential customers, whether retailers or end users, that the services rendered by it will help ..... it is lacking ??honest adoption and use is erroneous and bad in law. (e) it was submitted in response to the examination report and also during the hearing that the trade marks ??american gem society laboratories ? and ??setting the highest standard for diamond grading ? has been used since 1996 through print and electronic media and evidence of a few advertisement ..... and several other countries. in india the application was made in june, 2005. it was duly examined and the examination report raised objection under section 9(1)(b) of the trade marks act, 1999 (in short ??act) on ground of geographical significance and also on relative grounds. the appellant submitted a detailed response to the examination report contesting both the objections. ..... heard the submissions of counsel one after the other. since the grounds of appeal and decision are similar we are disposing of these two appeals through a common order. the trade marks refused are detailed as under: (i) ??setting the highest standard for diamond grading ? under no.1365886 in class 42. (ii)the second application was ??american gem society laboratories ? .....

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Aug 01 2011 (TRI)

M/S Alberto Culver Usa Inc. Vs. the Registrar of Trade Marks, Baudhik ...

Court : Intellectual Property Appellate Board IPAB

..... be prejudiced by the restoration the registrar would be bound to restore the trade mark as per the decision of the division bench of the honble madras high court in 1983 ptc 55 (supra). the appeals are, therefore, allowed. the ..... the petitioners application for renewal of its registration could not have been rejected on the ground of delay ? . thereafter, direction was given to the registrar of trade mark to consider the petitioners application. 6. in the present case, we issue the same direction to the registrar. unless the registrar finds that a third party will ..... 12.1999 whereas rule 64 of the trade marks rules requires the registrar to issue notice on a date ??not less than one month and nor more than three months before the expiration of ..... 3. thereafter the matter went back to the respondent herein who passed the order that is challenged in this appeal. the learned counsel submitted that the trade marks which had been renewed periodically had lapsed on 13.12.1999 and even as per the impugned order the o-3 notice was issued only on 13. ..... of the appeal. therefore, the registry is directed to number the appeal and we shall pronounce the orders on the appeal right now. 2. the trade mark nexxus word per se and nexxus device were registered in the names of nexxus products company inc. from 13.12.1985 in classes 3 and 5. .....

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May 29 2009 (TRI)

Semit Pharmaceuticals and Chemicals Private Limited Vs. the Deputy Reg ...

Court : Intellectual Property Appellate Board IPAB

..... been filed by the appellant in connection with appeal no. oa/01/2007/tm/kol for stay of the order dated 04.08.2006 passed by the deputy registrar of trade marks, trade marks registry, kolkata whereby the opposition no. kol-200831 was disallowed and application no. 1115015 in class 5 was ordered to proceed further with the specifications of goods to read as ..... business as manufacturers, dealers, exporters and importers of a wide range of pharmaceutical and medicinal preparations and substances, bulk drugs, etc. sold under several well known and distinctive trade marks and one such trade mark is ivit/i-vit which was adopted by the appellants predecessors in business in the year 1993 for use in relation to medicinal and pharmaceutical preparations and the same ..... would happen so stricter principle should be followed. he also relied upon a judgement of this appellate board in o.a.no.90/2004/tm/ipab wherein the registrar of trade marks was directed not to issue certificate of registration till further orders of the board. 10. shri s.p. shukla, learned counsel for the respondent no. 2 submitted that they are ..... it treats or the main ingredient of the drug. such an organ ailment or ingredient being publici juris or generic cannot be owned by anyone exclusively for use as a trade mark. in the division bench decision of this court in sbl limited (supra) it was also held that possibility of deception or confusion is reduced practically to nil in view of .....

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Oct 28 2008 (TRI)

Shri Parshotam Rai Vs. the Assistantregistrar of Trade Marks and Anoth ...

Court : Intellectual Property Appellate Board IPAB

..... pointed out to the sales figures which run to several thousands of us dollars as mentioned in the affidavit of evidence in support of opposition filed before the registrar of trade marks. learned counsel further submitted that the assistant registrar had considered all the facts and had passed a reasonable order and there was no illegality in the order passed by him ..... in no way connected with the second respondents goods and so there was no confusion or deception being caused or for the public to think that the goods bearing the trade mark ??sony emanates from the second respondent. learned counsel for the appellant also pointed out to the observations made by the assistant registrar in the impugned order that the electronic goods ..... 9. learned counsel for the appellant submitted that they have been carrying on business of manufacturing and selling brief cases and luggage carriers. he further submitted they had adopted the trade mark sony on 1.4.85 and had been using the same without any interruption till date. the counsel mainly contended that the goods being totally different, i.e. the second ..... not qualify for registration under section 9 of the act as the impugned registration is an exact imitation of the second respondents trade mark. vii) the second respondents trade mark which is a well known trade mark throughout the world has acquired high reputation and the impugned registration would be contrary to the provisions of section 11(a) and (e) of the act. viii) second respondent .....

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May 01 2008 (TRI)

Shyam Sundar Sharma and Another Vs. the Registrar of Trade Marks and O ...

Court : Intellectual Property Appellate Board IPAB

..... that ??kashmir ? as a trade mark is the copyright registration certificate. the application has been made in the year 2001. apart from this document, there are few others which bear the word ??kashmir seconds ? which refers ..... through the documents we are making our observations in the paragraph below. 20. on perusal of the entire records we find that the respondent no. 3 has been using various trade marks like kothari, kothari hosiery kalighat, challenge, etc. whereas no documents have been produced to prove the use of ??kashmir ? or ??kashmir beauty ? . the only document filed to show ..... of calcutta in the civil suit. in an opposition to the appellants copyright registration also the appellant were successful in obtaining the copy right registration certificate. the trade mark being a composite label mark was erroneously not considered by the registrar while passing the order. the registrar erroneously passed the order without considering the fact that the appellant was the prior ..... that they are holding copyright registration; that the appellants and the respondent no. 3 were known to each other; that the respondent no. 3 had recently adopted the trade mark. 5. the learned registrar heard and passed the impugned order on the grounds that the word kashmir beauty is not registrable as kashmir is an important geographical place and .....

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Jan 15 2010 (TRI)

M/S Mazda Motor Corporation Vs. the Assistant Registrar of Trade Marks ...

Court : Intellectual Property Appellate Board IPAB

..... the registrar is within his rights to issue the certificate any time after the orders have been passed. respondent no. 3, the then registrar of trade marks has filed his counter affidavit on behalf of the 1st, 2nd and 3rd respondents denying all the allegations made by the appellant in the petition. we ..... and hence the appeal has become infructuous. on the other hand, the respondent/appellant submitted that the issuance of the certificate by the registrar of trade marks during the pendency of the appeal after a lapse of five years, being aware of the appeal is wrong. we find some force in the ..... pending appeal and should not have issued the certificate after a lapse of five years. he also referred to rules 59 and 62(1) of the trade mark rules, 2003 and also section 23(1) of the act for issuance of the certificate of registration. he further relied on some judgements to say ..... the trade mark act, 1999. the registered trade mark cannot be rectified through an appeal. the respondent may opt for the alternative remedy if they are aggrieved. the original appeal sought to ..... of the fact that the registration certificate has been issued the appeal is not maintainable as it has become infructuous. the registered trade mark cannot be rectified as no relief has been sought in the appeal. the respondent failed to apply the specific provisions provided under section 95 of .....

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Nov 20 2009 (TRI)

Tilak Raj Bagga Vs. Deputy Registrar of Trade Marks and Another

Court : Intellectual Property Appellate Board IPAB

..... in cm(m0 1331/03 and c.o. no.23/2002 respectively. both the matters were transferred to this appellate board as per the provisions of section 100 of the trade marks act, 1999 (hereinafter referred to as the act) and re-numbered as ta/237/04/tm/del and tra/96/04/tm/del. 3. the matters were posted for hearing .....

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Sep 11 2009 (TRI)

Ashok K. Thakkar Vs. the Registrar of Trade Marks

Court : Intellectual Property Appellate Board IPAB

..... .2000 at page 140. the petitioner herein filed their notice of opposition on 1.12.2000 and the same was taken on record by the registrar of trade marks, mumbai which was notified in the trade marks journal no.1239 dated 16.01.2001 at page 4169. the petitioner had changed their counsel and had filed form tm-16 to bring on record the ..... , rule 4 defines the appropriate office to be the office of the registry within whose territorial limits the principal place of business in india of the registered proprietor of the trade mark is situated. in view of rule 4, the jurisdiction of appropriate office, once determined on the basis of original principal place of business, shall not get affected by any change ..... for hearing at the circuit bench sitting at delhi on 26.08.09. in view of the urgency expressed, the matter was listed though the registration was granted by the trade marks registry, mumbai. the notice issued to the first respondent was returned unserved with an endorsement ??left. the counsel for the petitioner insisted that the matter be heard exparte. in fact ..... under no.657547 in class 25 pending disposal of the rectification application. 2. the main rectification application is for expunging the registered trade mark no.657547 in class 25 from the register of trade marks under sections 47 and 57 of the trade marks act, 1999 (hereinafter referred to as the act). the brief facts of the case are that the first respondent herein filed an .....

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Sep 15 2008 (TRI)

A. P. Selvarajan Vs. Registrar of Trade Marks and Another

Court : Intellectual Property Appellate Board IPAB

..... an ordinary purchaser is not gifted with the power of observation of a sherlock holmes. ? the supreme court relied on the following passage in karlys law of trade marks and trade names (9th edition, paragraph 838):- ??two marks, when placed side by side, may exhibit many and various differences, yet the main idea left on the mind by both may be same. a person ..... of the act. 13. the learned counsel also submitted that the impugned registration has been made without any sufficient cause and the same is wrongfully remaining on the register of trade marks; the impugned registration is against the public interest and against the purity of the register. the learned counsel relied upon the decision, in support of his submissions made herein ..... the register and such registration adversely affected the applicants business in safety matches under the device fan. 11. learned counsel submitted that the applicant and its predecessors have used the trade mark fan in respect of safety matches since 1966 until now openly, honestly, extensively and continuously and its sales turnover is to the tune of several lakhs of rupees. the ..... the predecessor of the applicant and by the applicant thereafter since 1966 continuously. the word fan and the device thereof have remained the essential and distinctive feature of the applicants trade mark and have always been used by the applicant and its predecessors for the last 41 years continuously, openly and honestly. on 24.10.1967, the predecessor of the applicant .....

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Oct 01 2004 (TRI)

Sudarsan Trading Co. Ltd. Vs. Registrar of Trade Marks and Another

Court : Intellectual Property Appellate Board IPAB

..... though of the rubber manufacturer. in the present matter the appellant has stepped into the shoes of madura company limited who are the original proprietors of the trade mark which dates back to 1942. the second respondent, even if we take that their user dates back to 1976, are much late in time vis- ..... . v. durex products inc. and anr., (e) buler t.m., (1975) r.p.c. 275 ch.d (f) gopal hosiery v. dy. registrar of trade marks and ors., the most relevant case in the indian context and much relied upon in this area is the london rubber co. v. durex products. the contextual parameters of ..... herald singh appeared for the appellant. learned counsel shri franco lewis appeared for the second respondent. 7. learned counsel for the appellant submitted that originally the trade mark 'umbrella' was used in tiles and the same was registered in the name of m/s madura company ltd., and later in the name of feroke ..... 1997 filed in the high court of judicature at madras on 24.11.1997 was transferred to this board in terms of section 100 of the trade marks act, 1999 and was numbered as ta/288/2004. the appellant had filed a petition for condoning the delay under section 5 of the limitation ..... his findings under section 18(1) of the act, wherein he had concluded that respondent no. 2/applicant had honestly adopted the trade mark and thus they are the proprietors of the trade mark of the same. he acknowledges that respondent no. 2/ applicant have not filed any supporting documents in the form of copies of .....

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