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Judgment Search Results Home > Cases Phrase: trade marks Court: mumbai Page 1 of about 18,857 results (0.044 seconds)

Jan 11 1961 (HC)

J.L. Mehta and anr. Vs. Registrar of Trade Marks

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 .....

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Jan 12 1961 (HC)

Anneliese Huckmann Nee Merz and anr. Vs. Registrar of Trade Marks

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 .....

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Mar 04 2004 (HC)

Hindustan Petroleum Corpn. Ltd. Vs. H.P. Oil Corporation Ltd.

Court : Mumbai

Reported in : 2004(3)ALLMR52; 2004(3)MhLj187; 2004(28)PTC362(Bom)

..... previous paragraph. the learned counsel for the defendants has placed reliance on the decision of the calcutta high court in the case of gopal hossiery v. the dy. registrar of trade marks and ors., : air1981cal53 . however, the dictum of this decision will be of no avail to the defendants. in that case, the delay was almost of 13 years. however, in the ..... . oil corporation ltd. and to change their name to any other name that does not contain the letters 'hp'. inspite of this legal notice, the defendant continued to use the trade mark/logo of the plaintiff and, in fact, caused to advertise its products in different newspapers and one such advertisement appeared in the leading newspapers published in mumbai. in the circumstances ..... plaintiff became aware about the infringement sometime in april/may, 2003, when the plaintiff's attention was drawn to the fact that the defendant was misusing the plaintiff's trade mark by using the mark 'hp' for marketing its products. in the circumstances, the plaintiff gave legal notice to the defendant to cease and desist from marketing, advertising, distributing, supplying, selling or otherwise ..... , as prayed for by the plaintiff's.3. the plaintiff's have approached this court for reliefs against the defendants essentially on the assertion that the defendants have infringed their trade mark and are also indulging in passing off. the plaintiff is a government of india enterprise. it is the case of the plaintiff that it is the second largest refining and .....

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Dec 19 2008 (HC)

Parle Agro Private Limited Vs. Weaver Aqua Everflo

Court : Mumbai

Reported in : LC2009(1)387

..... (supra) the apex court in paragraph 5 held thus:5. the law on the subject is well settled. in cases of infringement either of trade mark or of copyright, normally an injunction must follow. mere delay in bringing action is not sufficient to defeat grant of injunction in such cases. the ..... and/or whereby the defendants have altered their position so that it would be inequitable to grant interim relief to stop them from using the trade mark until the suit is decided?..reliance has been placed on the observations made by this court in the case of anglo-french drugs & industries ltd ..... to the products used by various companies. it is reiterated in the affidavit that the defendants have honestly and in a bona fide manner adopted the trade mark 'beally' having meaning 'to be friend or to associate or to connect by some mutual relationship or friendship'. reliance is placed on photographs of ..... private limited.11. to the said affidavit a sur-rejoinder has been filed by the defendants. it is submitted that 'bisleri' is not the trade mark of the plaintiffs and therefore the plaintiffs cannot raise any objection to the defendants' using 1 litre or 500 mili litre packaged drinking water bottles ..... filing affidavits dated 29th january 2008 and 24th june 2008. in the affidavit dated 29th january 2008 the defendants relied upon the registration of their trade mark 'beally'. it was contended that the product of the defendants was being marketed mainly in 20 litre jars. it is contended that the product .....

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Mar 16 1951 (HC)

James Chadwick and Bros. Ltd. Vs. the National Sewing Thread Co. Ltd.

Court : Mumbai

Reported in : AIR1951Bom147; (1951)53BOMLR556; ILR1952Bom344

..... ld. and f. w. woolworth & co. ltd. (1941) 58 r. p. c. 147. in that case the distinguishing feature of the registered trade mark & the proposed trade mark was the word 'june,' & the master of the rolls in his judgment at p. 162 observes :'now the question of resemblance & the likelihood of ..... confusion.11. the learned judge below in a very careful judgment has meticulously examined the points of similarity & dis-similarity between the trade mark of the appellants & the trade mark of the respondents, & he has come to the conclusion that the points of difference are so numerous & the points of ..... & co.'s application, in re (1924) 41 r. p. c. 423. in that case huxley applied for the registration of a trade mark for illuminating oils & greases & the trade mark consisted of a label with four panels & the last of these panels consisted of a ship. the application was opposed by the prices' patent ..... the pronouncement of the party who applies for the trade mark. as we said before, for two years prior to the application for registration the respondents described this parti-cular bird as an eagle & called ..... . but in this case, fortunately, it is not necessary to give a judicial pronouncement as to whether the bird appearing in the respondents' trade mark is or is not an eagle, because the pronouncement has been given by the respondents themselves, & no pronouncement can be more weighty than .....

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Nov 18 2011 (HC)

Alaknanda Cement Private Limited. Vs. Ultratech Cement Limited

Court : Mumbai

..... prima facie fabricated invoices/receipts. the learned judge has considered the factual aspects and the provisions of law in proper perspective. the defendants had ample means to discover the registered trade mark of the respondents and it is not their case that any official search was taken by them. there is no merit in the appeal and the same is accordingly dismissed ..... building operations of various nature. class of users would be wide spread, right from highly educated and well informed buyers to completely uneducated illiterate persons. though the similarity in the trade mark may not cause confusion in the mind of a very well educated and informed buyer, the similarity is certainly likely to cause confusion in the mind of a common indian ..... . 122 10 1999 ptc 81 11 mipr 2008 (3)-0082 other allied products. the defendants are also involved in the same business. (b) the plaintiff is the registered proprietor of trade mark "ultratech cement the engineer's choice" registered under number 1326528 in respect of "cement of all types, building materials (non- metallic), non-metallic rigid pipes for building, asphalt, pitch and ..... durga dutt sharma vs. navaratna pharmaceutical laboratories air 1965 supreme court 9801, mr. chagla submitted that there is difference between an action for passing off and action for infringement of trade mark. while an action for passing off is a common law remedy 1 air 1965 supreme court 980 being in substance an action for deceit, the action for infringement is a .....

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Apr 27 2006 (HC)

Sardar Gurudas Singh Bedi Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2007(2)BomCR504; 2006(33)PTC321(Bom)

..... the application for registration in the journal.rule 51(3) was omitted by notification no. s.o. 397 dated 23rd january, 1969.trade marks act, 1999.section 21 of the trade marks act, 1999 reads as under:opposition to registration: (1) any person may, within three months from the date of the advertisement ..... . the question then, that we have been called upon to answer is whether rule 47(6) is ultra vires of section 21 of the trade marks act, 1999. the primary object of enacting section 21 is to effect registration at the earliest and therefore, only these objections which are filed within ..... grounds upon which the opponent objects to the registration. if the registration is opposed on the ground that the trade mark in question resembles marks already on the register, the registration numbers of such trade marks and the dates of the journals in which they have been advertised shall be set out.(2) an ..... these circumstances, the petitioner cannot be said to be a person aggrieved, as his application was time barred. it is admitted that though the mark was published in trade mark journal dated 1.6.2005, it was made available to members of public only on 4.10.2005. subsequent thereto, respondent nos. 1 ..... one month in aggregate on an application made to the registrar in prescribed manner. the respondent no. 1 has framed rules which are known as trade mark rules, 2002 which hereinafter shall be referred to as rules. we are concerned with rule 47(6). rule 47(6) literally read enables extension .....

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Jul 01 2011 (HC)

Drums Food International Pvt. Ltd. Vs. Euro Ice Cream and anr.

Court : Mumbai

..... a passing off action by the former. 16. in the present case also, i can see no intention on the defendants part to have abandoned the trade mark. mr. dhond sought to rely upon several circumstances which would indicate the contrary. i do not intend considering the same in any detail as the ..... for registration." 15. i am in respectful agreement with the above observation. while considering the plaintiff's action for passing off vis-a-vis a registered trade mark also, the relevant date must be the date of the application for registration and not the date on which the registration is actually obtained. i have ..... 10-11-1969 and the evidence of user filed by the opponents is from october, 1970. since the applicant's entitlement to registration of a trade mark has to be decided with reference to the facts as on the date of the application for registration, the evidence of user by the opponents subsequent ..... date is the date of opposition. on a due consideration of the matter, i am of the view that for the purpose of registration of a trade mark the rights of the parties have to be usually determined as on the date of the application. this view is taken by romer j. in jellinek ..... was not actually used by the proprietor in the course of his activities. the submission was sought to be supported by relying upon section 27 of the trade marks act, 1999, which saves passing off actions. 7. the question was considered by a learned single judge of this court in sun pharmaceutical industries limited v .....

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Jun 04 2007 (HC)

Balkrishna Hatcheries Vs. Nandos International Ltd. and anr.

Court : Mumbai

Reported in : 2007(4)BomCR48; (2007)109BOMLR911; LC2007(2)201; 2007(35)PTC295(Bom)

..... in part b and in respect of processed or frozen meat products falling in class 29 of schedule iv to the trade marks rules 2002 ('the first trade mark'). the first trade mark was registered on 4th july 1989; (b) a second trade mark was subsequently adopted by the plaintiff in 2005 consisting of the word nandus enclosed within an oval shaped structure in white ..... using in relation to any eatable goods or restaurant or hotelling services or processed and frozen chicken and meat products the impugned trade-mark 'nandos' or any other deceptively similar trade-mark so as to infringe the plaintiffs registered trade-mark 'nandu'. a perpetual injunction on the same terms in relation to passing off is also claimed. by this notice of motion ..... goods may be considered similar to services the guiding principles and factors that are relevant in considering whether there is similarity between goods/services are as follows:(i)the english trade marks act, 1938 contained a phrase 'goods of the same description' which was relevant in deciding application for registration. there is a line of authorities that explain this ..... kebabs, chicken nuggets, fried chicken, boneless chicken, chicken legs and other varieties of chicken products as well as meat pies , meat tenderizers;(iii) it adopted the first trade mark in respect of the said business.(iv) it has been extensively widening its product line and services by introduction of other food related products namely curries, biryanis, including vegetarian .....

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Sep 15 2009 (HC)

V. Pichandi Sole Proprietor Shri Ambika Match Works Through Its G.P.A. ...

Court : Mumbai

Reported in : 2010(1)BomCR394; 2010(112)BomLR114

..... the plaintiff/appellant has filed suit against the respondents for relief of perpetual injunction restraining them from selling safety matches, manufactured and marketed by them using the offending trade mark, which is similar to the trade mark on the safety matches manufactured by the plaintiff and for interim protection, application exh.5 is filed.3. as per plaintiff/appellant he is proprietor of distinctive ..... pending before the madras high court. if this appeal is allowed and temporary injunction as prayed is granted, that would be preventing the respondent no. 1 from using his registered trade mark. all material issues raised before this court were in issue before the appellate board and now madras high court is seized with the matter. so, if any interim order ..... . so, the proceedings before the appellate board was application under section 125 for rectification of register by the present appellant made to the appellate board for cancellation of registration of trade mark in favour of defendant no. 1 (respondent no. 1).10. present plaintiff/appellant has pleaded before the appellate board same case as is made out before this court. as ..... the label. there is difference in the kind of work and display of label. therefore, the district court believed that such deviation was not approved by the registrar of the trade mark. in absence of registration of colour combination and size, the trial court refused to hold that there is case for grant of injunction. in para 15 of the impugned .....

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