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Judgment Search Results Home > Cases Phrase: trade marks Court: kolkata Page 1 of about 12,955 results (0.050 seconds)

Aug 26 2008 (HC)

Three-n-products Private Limited Vs. Emami Limited

Court : Kolkata

Reported in : 2008(4)CHN608,LC2008(3)319,2009(41)PTC689(Cal)

..... as is conceded by both parties before us, that the enunciation of the principle of law with regard to the protection available even in respect of the descriptive trade mark was wrong. a descriptive trade mark may be entitled to protection if it has assumed a secondary meaning which identifies it with a particular product or as being from a particular source. we, therefore ..... practices in industrial or commercial matters; or(b) is detrimental to its distinctive character; or(c) is against the reputation of the trade mark.(9) where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to ..... names 'naukri.com' of the plaintiff and 'naukari.com' of the defendant, depicting the nature and type of business activity they carry on are identical or confusingly similar trade mark or service marks. it is also a possibility for an internet user while searching for the website of the plaintiff to enter into the websites of the defendant through only a small ..... in a passing off action. the following passages from the report are apposite.in the first place the plaintiff claims an injunction to restrain the defendants from infringing the registered trade marks consisting of the words 'shredded wheat' by the use of the words 'shredded wheat', or 'shredded whole wheat' or 'shredded whole wheat biscuit' or any words only colourably differing .....

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Jul 10 1958 (HC)

London Rubber Co. Ltd. Vs. Durex Products (incorporated) and anr.

Court : Kolkata

Reported in : AIR1959Cal56,64CWN110

..... likely to deceive and cause confusion nun its registration ought not to be permitted in view of section 8(a) of the trade marks act.27. section 8(a) of the trade marks act, 1940 roads thus :'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 ..... confusion can be registered under any circumstances. therefore, he contends that the prohibition of section 8 of the act applies. section 8(a) of the trade marks act, 1940, inter alia provides :'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 ..... discretion under the section the court or the registrar will have regard to the interests of the public as well as those of the owners of the trade marks.' section 12(2) of the english trade marks act 1938 uses the identical expressions 'honest concurrent use or of other special circumstances.'13. this disposes of mr. chandhuri's main objection to this decision of ..... not stand alone. section 8 deals with the prohibition of registration of certain matters. section 10 of the act deals with prohibition of registration of identical or similar trade marks. section 10(2) of the trade marks act, 1940, provides :'in case of honest concurrent use or of other special circumstances which, in the opinion of the registrar, make it proper so to do .....

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Feb 25 2009 (HC)

Sony Kabushiki Kaisha Vs. Mahaluxmi Textile Mills

Court : Kolkata

Reported in : LC2009(2)125,2009(41)PTC184(Cal)

..... the case of national sewing thread co. ltd. chidambaram v. james chadwick and bors. is again in a proceeding arising out of an order of the registrar of trade marks refusing to register a trade mark under the 1940 act. in this case, the hon'ble supreme court considered what would constitute confusion or deception while examining an application for registration. on the issue ..... of passing off, it was however held:the consideration relevant in a passing off action are somewhat different than they are on an application made for registration of a mark under the trade marks act and that being so the decision of the madras high court referred to above could not be considered as relevant on the questions that the registrar had to ..... ) 12. the principles of passing off enunciated by the english courts was applied by the law courts in india, and was given statutory recognition both under the trade marks act, 1940 and the trade and merchandise marks act, 1958. section 27 of the 1958 act, which is applicable in the proceeding out of which the present reference arises, provides:27. no action for infringement ..... ) are sony kabushiki kaisha, a company organised under the laws of japan (who are also known as sony corporation). in the suit, they alleged violation of their trade mark rights in respect of the trade mark sony by the defendants/respondents. the appellants being the plaintiffs in the suit, claim to be a multinational company engaged primarily in the business of manufacture and sale .....

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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

..... and the rules made thereunder emphasise certain broad principles and features. the applicant for registration has certain duties and onus to discharge while making an application for registration of a trade mark. sections 8 to 14 of the act indicate the requisites for registration and the limitations for application. the applicant for registration has to prima facie satisfy the registrar that ..... with four arms would avoid any risk of identity or deceptive similarity or confusion.10. both the decision of the dy. registrar and learned counsel appearing for the registrar of trade marks before me have relied on the unreported judgment of the bombay high court in prabhudas bhaichand v. tribhubandas kusaldas, a decision of shah, j., delivered on january 12, 1961 ..... for guidance showing what kinds of evidence or considerations should influence the court in coming to the conclusions but they are of no further help. it is a caution in trade mark law which is frequently missed and yet of central significance. distinctiveness being primarily a matter of fact, evidence can be given regarding distinctiveness in fact. there are no narrow ..... the designation of the goods to 'chaffcutter blades' and to disclaim the letters 'ma'. the application so amended was advertised as accepted subject to opposition. the advertisement appeared in trade marks journal dated the 21st january, 1962. a notice of opposition was filed on the 20th march, 1962, by the appellant. when i say the opposition was filed by the .....

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Apr 12 1954 (HC)

Hindustan Development Corporation Ltd. Vs. the Deputy Registrar of Tra ...

Court : Kolkata

Reported in : AIR1955Cal519,59CWN320

..... the corresponding provision in english act of 1938 is contained in section 9, clause (d) which merely reproduced section 9(4), trade marks act, 1905.in the trade marks act of 1888 which preceded the act of 1905, the corresponding provision was contained in section 6(4)(e) which reads as follows ..... (m)'. the above observations are however to be read as not imposing an absolute bar to the registration of a common word as a trade mark.the principles laid down in the above case would ordinarily disentitle the applicant to have a common word registered. in exceptional circumstances the rule may ..... the distinction must be one which is adapted to distinguish those goods of the proprietor for the purpose or enabling the definition of a trade mark to be fulfilled, a definition to which i have already referred.'19. the above observations clearly support the view that distinctiveness must be ..... national. machinery co.', (1941) 53 rpc 128 (l) known as the 'dex' case. the application was for registration of the word 'dex' as a trade mark for bolts and screws including deckbolts. the application was refused by the assistant comptroller on the 'ground that the word 'dex' was orally indistinguishable from 'decks' ..... have stated.14. in the 'motorine' case (d), the facts were as follows :in 1901 a company had registered 'motorine' as their trade mark for lubricating oils and sold large quantities of lubricating oils under that name. in 1907 another company which had also dealt largely in petrol spirit under .....

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Apr 21 2010 (HC)

Prabhu Shankar Agarwal and ors. Vs. Registrar of Trade Marks and ors.

Court : Kolkata

..... of documents to parties to proceedings;(vii) to grant leave to inspect the record of the appellate board;(viii) to requisition records from the custody of any court, registrar of trade marks or otherauthority;(ix) to decide questions relating to extension of time in respect of filing of counter statement, reply, rejoinder, etc. 25. it is one of the cardinal principles of ..... board) praying for removal of the aforesaid trade mark of the petitioners from the register of trade marks for non-use. the rectification petition was registered as ora/14/2004/tm/kol. it is not in dispute that the petitioners have been contesting the ..... 1. the petitioners are the holders of a registered trade mark 'haldiram bhujiawala with hrb and v logo'.2. a rectification petition under section 47 of the trade marks act, 1999 (hereafter the act) read with section 57 thereof was filed by the respondents 3 to 7 on 9.3.2007 before the intellectual property appellate board (hereafter the .....

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Mar 17 1959 (HC)

Bengal Immunity Co. Ltd. Vs. Denver Chemical Manufacturing Co. and ors ...

Court : Kolkata

Reported in : AIR1959Cal636

..... to the use of the word 'phlogiston' arises at all.15. the appellant then falls back on the provisions of section 10 sub-section (2) and contends that as his trade mark 'b. i. phlogiston' has for many years been used concurrently with 'antiphlogistine,' registration should be allowed even though it may be made subject to conditions and limitations. leaving out of ..... monopoly in the english word 'phlogiston,' would require consideration. we, however, have not to deal now with that question. the word 'antiphlogistine' has already been put on the register of trade marks and the question before us is whether the word 'b. i. phlogiston' is so similar to the word 'antiphlogistine' as to be likely to deceive or cause confusion. if it ..... may sometimes even happen, if the order is placed on the telephone, that even the chemist's assistant would wrongly hear 'b. i phlogiston' for 'antiphlogistine.' close examination of the trade mark would certainly show to the customer that the things are different, but such close examination often takes place long after the actual purchases and--often the examination is made just ..... the word 'b. i. phlogiston' in white on a dark background with the name of the appellant, bengal immunity company ltd., and its address calcutta below the same as the trade mark for certain medicinal preparation. as originally made the application was for registration only of the word 'b. i. phlogiston'. the registrar pointed out the objection to registration of this word .....

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Apr 29 2011 (HC)

Mr. S. K. Kapoor Vs. Mr. S. N. Mookherjee

Court : Kolkata

..... the registrar shall not require as a condition, for determiningwhether a trade mark is a well-known trade mark, any of thefollowing, namely:-(i) that the trade mark has been used in india;(ii) that the trade mark has been registered;(iii) that the application for registration of the trade mark has beenfield in india;(iv) that the trade mark(a) is well known in; or(b) has been registered ..... ii) the number of persons involved in the channels of distribution ofthe goods or services;(iii) the business circles dealing with the goods or services, to whichthat trade mark applies.(8) where a trade mark has been determined to be well-known in atleast one relevant section of the public in india by any court orregistrar, the registrar shall consider that ..... no.117155,awaiting adjudication before the registrar of trade marks, kolkata and also forstriking off the pleading in respect of the allegation of passing off as made in theplaint.the case made out by the appellant in the ..... pilot and/or pilot numberone in respect of cigarettes or other tobacco products.2. after entering appearance in the suit, the appellant filed an applicationunder section 124 of the trade marks act, 1999 (act) and thereby prayed forstay of all further proceedings of the suit till the disposal of the application forcancellation of registration of the trademark bearing registration .....

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Feb 27 2006 (HC)

Allergan Inc Vs. Sun Pharmaceuticals Industries Ltd.

Court : Kolkata

Reported in : (2006)2CALLT272(HC),2006(2)CHN179,2006(32)PTC495(Cal)

..... of those documents are in her possession. it appears from this document that there is signature of the notary public. it appears from the certificate of registration of trade mark under the trade marks act, 1955 that the government of australia vide no. a 589040 granted certificate of registration in favour of allergan inc, which is the original plaintiff company in ..... been filed showing certificate of registration of the product 'ocuflox' in favour of the plaintiff? company which was issued by the registrar of trade marks, government of republican of south africa. it shows that the plaintiffs product 'ocuflox' was granted registration on and from november, 1992. the certificate issued by kevin shelley, ..... the said certificate that the said medicine is an opthalmic preparations for treatment of infections of eye and related ocular diseases. this certificate bears the seal of the trade mark authority of the commonwealth of australia. this document shows that license was granted for 7 years from 22.10.1992.11. it further appears that another document has ..... seriously affect the consumers. as such, the plaintiff has filed the present suit praying for an order of permanent injunction restraining the defendant company in illegally using the plaintiffs trade mark viz. 'ocuflox'.4. the original defendant milmet oftho industries filed written statement wherein it has denied the allegations of the plaintiff on all the material points. subsequently, sun .....

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May 16 2008 (HC)

Dhunseri Tea and Industries Limited Vs. Dhunsiri Plantation Private Li ...

Court : Kolkata

Reported in : (2008)4CALLT24(HC),2008(3)CHN158,LC2009(1)49

..... defendant;(b) a decree of declaration that the trademark 'dhunseri' of the plaintiff has attained the status of 'well-known trademark' within the meaning of section 2(zg) of the trade marks act, 1999;(c) a decree in preliminary form for accounts of all profits made by the defendant by way of manufacturing tea under the impugned trademark 'dhansiri' as part of ..... advertisements made by the respondents, the invoices and the letters of dealers. both the parties, in that case, had applied for the registration of their respective trade under section 21(3) of the trade and merchandise marks act, 1958. in such a case, it was held that the grant of temporary injunction either in favour of or against the appellant was not appropriate ..... continuous use since the year 1916 and the extensive advertisement, promotion and marketing, the trademark 'dhunseri' has become exclusively associated with the petitioner and the members of trade and/or general public associate the mark 'dhunseri' with the petitioner and none else.(8) apart from the common law proprietary rights as subsisting in the said trademark 'dhunseri', the petitioner has diligently sought ..... public in india and has become a well-known trademark in india within the meaning of section 2(zg) of the trademarks act, 1999. the trade and public in india associate the mark 'dhunseri' only with the petitioner and none else.(11) on or about may, 2007 the petitioner came to know that one m/s. mother international private limited of 1738 .....

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