Court : Delhi
Reported in : LC2010(2)14
..... word, the plaintiffs can have no monopoly to restrain its use. since 'piquant,' being a descriptive word, so the argument runs, could not be a trade name or trade mark, the plaintiffs cannot have a trade mark or a monopoly of which the use of the word 'piquant' by another trader can be an infringement. while i accept the premise, i am not ..... food stuffs. therefore, the use of the word 'low absorb technology' is justified.3.2 in this regard, reference is made to section 35 of the trade marks act, 1999 (hereinafter referred to as 'trade mark act') which, according to the defendant, permits use of the words or expression which are descriptive of the character and quality of goods and services even against ..... upon restructuring of the business the assets of the erstwhile cadila group were taken over both by the appellant and the respondent. the appellant had manufactured a drug under the trade mark/brand name 'falcigo' which contained artesunate used for the treatment of cerebral malaria. cerebral malaria is commonly known as 'falcipharum'. after obtaining the necessary permission from the drugs ..... that the navratna was descriptive having no distinctiveness and hence, could not be registered. this objection of the respondent was upheld. the appellant's application for registration of the trade mark was refused. this refusal led to the various proceedings being filed, which ultimately culminated in two appeals being filed in the supreme court. the supreme court upheld the finding .....Tag this Judgment!
Court : Kerala
..... paddy and inflorescence of coconut tree in its middle and two paddy shoots at both sides of the para. the general public, customers and consumers have accepted this trade mark as the trade mark of the plaintiffs' products. this is printed upon all packets, jute bags etc. of plaintiffs' products as well as their advertisements. the plaintiffs are manufacturers of ..... of behrain and dubai and process for registration is in progress in other countries also. the plaintiffs' application for registration of the trade mark is pending with the office of the registrar of trade marks, chennai. the plaintiffs' trade mark is distinctive and it distinguishes plaintiffs' products from similar products manufactured by others including the products of the defendants. the defendants ..... was opposed by the plaintiffs and the registering authority dismissed the application by their order dated 7-3-2005. the defendants have absolutely no authority to use the trade mark and trade name of the plaintiffs. the defendants' act is illegal. the plaintiffs are suffering heavy loss because of the defendants' activities. unless this illegal activities are prevented, ..... and distinguished with the defendants' products. the defendants have never taken advantage of the popularity and reputation or goodwill enjoyed by the plaintiffs. even though the trade mark and trade name used by the plaintiffs may be identical and similar to that of the defendants, they have no mala fide intention to pass off their products as .....Tag this Judgment!
Court : Supreme Court of India
..... rights and spending money on it. it is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. it implies positive acts; not merely silence or inaction such as is involved in laches." the court further observed that: "the defence of acquiescence, thus, would be satisfied ..... : (i) sitting by or allow another to invade the rights and spending money on it; (ii) it is a course of conduct inconsistent with the claim for exclusive rights for trade mark, trade name, etc.in power control appliances and ors. v. sumeet machines pvt. ltd.  1 scr 708, this court stated: acquiescence is sitting by, when another is invading the ..... , and as is conceded by both parties before us, that the enunciation of 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. ... ... ..."81. learned ..... tortuous act or deceit is committed by the defendant the plaintiff gets a fresh cause of action to come to the court by appropriate proceedings. similarly infringement of a registered trade mark would also be a continuing wrong so long as infringement continues. therefore, whether the earlier infringement has continued or a new infringement has taken place cause of action for filing .....Tag this Judgment!
Court : Chennai
..... special provision has now been made to deal with that situation by incorporating sub-section 5 of section 29 and therefore, so far as subject of using of registered trade mark as a trade-name is concerned, provision is contained in sub- section 5 of section 29 and therefore on that subject no other provision would apply. generalia specialibus non derogant is ..... might be provided by the same business and so with descriptions of goods and descriptions of services. association of trade marks are defined under section 2(1)(c): 2(1)(c) associated trade marks means trade marks deemed to be or required to be registered as associated trade marks under this act. 24.the onus is on the registered proprietor who is invoking the provisions of section ..... 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 ..... is having registered office at chennai and carrying on business as retail service provider in beauty and health care merchandise, eversince 1997. (ii)respondent/plaintiff has been using the trade mark and the trade device known as 'health and glow, written in a stylised manner with the image of a dancing girl inside the letter 'g' eversince 1997. it was registered under .....Tag this Judgment!
Court : Chennai
..... . since the order passed by the 2nd respondent board, allowing the rectification application for removal of the petitioner's trade mark from the register of trade marks by applying the principle which was available to the trade mark holder before registering the trade mark, suffers from illegality, this court can make interference under article 226 of the constitution of india. under such circumstances ..... for sale. while so, on 16.02.2008, the 4th respondent came across yet another application for registration of the trade mark 'rhizome's imperial gold' whisky label vide trade mark application no.1454195 advertised in the trade mark journal and the same was also opposed by the 4th respondent's wholly owned indian subsidiary austin nichols and company. the ..... in our considered opinion, the grounds embodied under sections 9 and 11 are available to the persons only at the time when they raise objection for registering the trade mark. the said principles cannot be applied for rectification of the registration, particularly considering the factum that the liquor india private limited has withdrawn their objections before the ..... and blending partner of seagram manufacturing private limited, though objected to the said label, subsequently it had withdrawn their objections and thereafter, the petitioner has been using the trade mark 'rhizome imperial gold' for several years. but, all of a sudden, the 4th respondent filed an application under section 57 of the act for rectification of the .....Tag this Judgment!
Court : Guwahati
..... by the respondent. in the considered opinion of the court, the appellant have failed to establish prima facie their monopoly right over the trade mark to the exclusion of all others including the respondent. therefore, this court is not inclined to interfere with the impugned order passed by the ..... appellant does not appear to have a case in equity. the documentary evidenceon record is also not adequate enough to judge prior user of the trade mark in dispute. first impression of the labels produced does not suggest resembleness. besides, documents are on record to show that the word 'cocktail ..... established that he who comes into equity must come with clean hands and this applies strongly to parties seeking relief against the infringement of trade marks or in passing off action and against unfair competition because one seeking relief against fraud of others must be free from fraud, and ..... offer their products at a lower price luring the retailers and the customers. the use of the biscuits of the respondent company under the identical trade mark 'cocktail' has been a source of injury to the goodwill and reputation of the appellant company.5. the respondent company in their written objection ..... been possible due to quality and extensive publicity undertaken by the appellant during the past several years. the appellant had applied for registration of the trade mark to protect the design of the biscuits under the designs act, 1911 (now substituted by the designs act, 2000) and the same has .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1959Bom21; (1957)59BOMLR1019
..... act runs as under:'65. where by this act any act has to be done by or to any person in connection with a trade mark or proposed trade mark or any procedure relating there to, the act may under and in accordance with the rules, or in particular cases by special leave of the ..... in his affidavit in reply has taken the contention that no appeal lies from the decision actually given by the deputy registrar of trade marks under the provisions of section 76 of the trade marks act, 1940. that point has, however, not been pressed before me by mr. sava ksha.11. in may view the ..... legislature and the enactment of the central legislature, the enactment of the central legislature should prevail. in that event, the provisions of section 80 of the trade marks act, 1940 would prevail over the provisions of section 9 of the bombay pleaders, act. mr. vaidya, however says that would not be the result ..... act. in answer to that plea, it was pointed out that the bombay pleaders act, 1920, is an act of the provincial legislature and that the trade marks act, 1940, is an act of the central legislature. both these acts were passed before the constitution came into force. item 16 of the concurrent ..... sense be considered to be civil proceedings in any court. the registrar can in no sense be regarded as a court. section 70(a) of the trade marks act provides that the registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1992Bom35; 1992(2)BomCR298
..... decided by this court on march 15, 1989, (lentin and mehta jj). in that case the appellants sought an injunction to restrain the respondents from using the trade mark 'slimex'. the appellant's trade mark is 'slimerax'. the appellants' products consisted of tablets used for the purpose of reducing obesity. the respondents' product is a homeopathic medicine which is available in liquid ..... absence of an intention to deceive is not a defence. in this respect mr. tulzapurkar has relied upon para 16-16 at page 357 of rerly's law of trade marks and trade names (12th edition), which reads as under:--'passing-off cases are often cases of deliberate and intentional misrepresentation, but it is well settled that fraud is not a ..... registration of the trade mark 'betaloc' under the trade and merchandise marks act, 1958, (hereinafter referred to as 'the said act'), and its long, extensive and continuous use and reputation, the plaintiff has acquired proprietary rights in the ..... duly incorporated and registered under the provisions of the companies act, 1956, is carrying on business of manufacture and sale of pharmaceutical and medicinal products. the plaintiff is proprietor of trade mark 'betaloc' which is registered under no. 326230 dated june 16, 1977, in class 5 in respect of the pharmaceuticals preparation. according to the plaintiff, by virtue of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1958Bom47; (1957)59BOMLR539; ILR1957Bom564
..... an application for registration is made and duly advertised, it is open to the registrar at any time to amend that application so as to substitute even a different trade mark from the trade mark which was sought to be registered by the original application and which application had been advertised. if that were to be the correct interpretation of sub-section (3) ..... continue and if any alteration has to be made it must be an insignificant alteration or a superficial alteration but not an alteration altering the identity of the trade mark itself, because if the trade mark was to be altered substantially then a fresh application would have to be made, it would have to be advertised, opposition invited, and so on. similarly, under ..... gave notice to the appellants of this application far amendment and the appellants replied on the 8th september 1953, stating that they did not admit that the amended trade mark was dissimilar to their own trade mark and stating that they wanted to proceed with the opposition. at the hearing of the opposition the appellants were not present, their application for adjournment having been ..... between these two parties and on the strength of that compromise the application for amendment was made, and notwithstanding the appellants having agreed to the first respondent using this amended trade mark they opposed it before the registrar and also in appeal before mr. justice coyajee. therefore, if the appellants want to render a service to the public they should do .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1958Bom56; (1957)59BOMLR548; ILR1957Bom702
..... is not open to a party to challenge that registration under section 46 on the ground that there was a prior trade mark resembling the trade mark challenged if in fact there was no trade mark registered prior to the date o| the application. in our opinion, this contention is not tenable. section 16(1 ..... the applicant, the registrar shall, unless the application has been accepted in error, or unless the central government otherwise directs, register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the making of the said application, and that date shall, subject to any ..... has delayed in coming to court and i have a large stake in the sales which i am effecting by reason of using a trade mark which resembles the trade mark of another.' therefore, the argument put forward by mr. shah of balance of convenience, of hardship, of equity, has no application ..... reference to them. to this the respondents replied on the 24th december 1945 informing the appellants that they had applied for registration of the trade mark 'cibol'. now, the cibol label was advertised on the 1st november 1947 and the time for putting in an opposition under the rules is ..... the court whether there is likelihood of deception. the court cannot abdicate its own function which is to decide on looking at the two trade marks and on considering them phonetically whether they resemble each other and whether there is likelihood of deception. that function cannot be discharged by a .....Tag this Judgment!