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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Page 1 of about 183,900 results (0.218 seconds)

May 09 2018 (SC)

Kalpana Mehta and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

..... 7 scc243100 (2015) 16 scc795109 any symbol relating to gods, goddesses or places of worship should not ordinarily be registered as a trade mark.133. the petitioners have also referred to other cases such as gujarat electricity board v. hind mazdoor sabha and others101, modern dental college and research centre and others v. ..... stage standards.132. in lal babu priyadarshi v. amritpal singh 100 , while dealing with a trade mark case under various sections of the trade and merchandise marks act, 1958 [repealed by the trade marks act, 1999 (47 of 1999), this court referred to the eighth report on the trade marks bill, 1993 submitted by the parliamentary standing committee which was of the opinion that 99 (2017) ..... committee liable in a civil or criminal action for what is stated in parliament. such is not the position here. mr gonsalves submitted that in significant respects, our constitution marks a historical break from the english parliamentary tradition. india has adopted the doctrine of constitutional supremacy and not 9 part b parliamentary sovereignty, as in the uk. hence, cases ..... in k.c. gajapati narayan deo (supra) to the effect that if the constitution distributes the legislative powers amongst different bodies which have to act within their respective spheres marked out by specific legislative entries or if there are limitations on the legislature in the form of fundamental rights, the question will arise as to whether, in a particular case .....

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Apr 20 2018 (SC)

Canara Bank Vs. n.g. Subbaraya Setty

Court : Supreme Court of India

..... 2017 also records the aforesaid submission and turns it down stating:57. the grounds indisputably, regarding insufficiently stamped assignment deed and non-registration of the trade mark were argued by the bank which were considered and addressed by the trial court in o.s. no.2832/2004 and o.s. no.7018 ..... which may extend to one lakh rupees for every day, during which the contravention or default continues. 35. insofar as section 45 of the trade marks act is concerned, it is clear that this plea was raised throughout both the proceedings. insofar as the suits of 2004 were concerned, the judgment ..... and the registrar shall, on receipt of the application and on proof of title to his satisfaction, register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or ..... made by the assignee continuously and uninterruptedly for the aforesaid period of ten years.5. the assignee shall have the right to use the trade mark eenadu on its own and shall also be entitled to grant permission to third party/parties to use the same, subject to the said parties ..... incense sticks) on certain terms and conditions. clauses 1 to 7 of the aforesaid assignment are set out hereunder: now this deed of assignment of trade mark eenadu witnesseth as follows:1. the assignor hereby grant, transfer and assign upon the assignee upon the terms and conditions mentioned hereunder, the exclusive use .....

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Apr 13 2018 (SC)

Commissioner of Central Excise Vs. M/S. Madhan Agro Industries (I) Pvt ...

Court : Supreme Court of India

..... in such a way that it is useable for the purposes of 'hair oil', it has to be classified as 'hair oil' under chapter 33. 56 30. government of india, trade mark registry and public search result indicate that trademark no.1033842 class-3-parachute is associated with hair oil, hair lotions etc. registration of the trademark of the 'parachute' brand is ..... the amended chapter note 2 to chapter note 33 and section note with effect from 01.03.2005. insofar as 'parachute' is concerned, revenue places reliance upon various materials like trade mark registration and other materials as to depicting how the market has understood, 'parachute' as the 'hair oil'. it was further submitted that in case of conflict, the notes contained in ..... class cannot be determinative of the classification of the product for purposes of central excise tariff. moreover, in the present case, marico had/has obtained registration of its trade mark parachute under different classes including edible oil (class 29) as well as hair oil lotions, hair preparations under class 3.34. the contents of circular bearing no.no.145/56 ..... . a contention has been advanced on behalf of the revenue that parachute is a registered trademark of marico and goods are being marketed under the aforesaid trade mark for use as hair oil. the issue of registered trade mark and classification for the purpose of levy of central excise tariff are unrelated and unconnected to each other. registration of a trademark under any particular .....

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Apr 13 2018 (SC)

Commissioner of Central Excise Etc. Vs. m/s.aishwarya Industries Throu ...

Court : Supreme Court of India

..... in such a way that it is useable for the purposes of 'hair oil', it has to be classified as 'hair oil' under chapter 33. 56 30. government of india, trade mark registry and public search result indicate that trademark no.1033842 class-3-parachute is associated with hair oil, hair lotions etc. registration of the trademark of the 'parachute' brand is ..... the amended chapter note 2 to chapter note 33 and section note with effect from 01.03.2005. insofar as 'parachute' is concerned, revenue places reliance upon various materials like trade mark registration and other materials as to depicting how the market has understood, 'parachute' as the 'hair oil'. it was further submitted that in case of conflict, the notes contained in ..... class cannot be determinative of the classification of the product for purposes of central excise tariff. moreover, in the present case, marico had/has obtained registration of its trade mark parachute under different classes including edible oil (class 29) as well as hair oil lotions, hair preparations under class 3.34. the contents of circular bearing no.no.145/56 ..... . a contention has been advanced on behalf of the revenue that parachute is a registered trademark of marico and goods are being marketed under the aforesaid trade mark for use as hair oil. the issue of registered trade mark and classification for the purpose of levy of central excise tariff are unrelated and unconnected to each other. registration of a trademark under any particular .....

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Feb 20 2018 (SC)

Lic Vs. Nandini J. Shah .

Court : Supreme Court of India

..... when such jurisdiction is exercised by a single judge, his judgment becomes subject to appeal under clause 15 of the letters patent there being nothing to the contrary in the trade marks act." (emphasis supplied) 27. the question regarding the purport of expression persona designata also arose for consideration in other cases decided by this court to which our attention has been ..... the present case, the principle enunciated therein is one of general application and has an apposite application to the facts and circumstances of the present case. section 76 of the trade marks act confers a right of appeal to the high court and says nothing more about it. that being so, the high court being seized as such of the appellate jurisdiction ..... that an appeal under the letters patent against the judgment of a single judge passed in an appeal against the decision of the registrar under section 76(1) of the trade marks act, 1940 was not maintainable it was held at pages 1033-34 of the report: (scr pp.1033-34) obviously after the appeal had reached the high court it has .....

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Jan 30 2018 (SC)

Authorized Officer, State Bank of Travancore Vs. Mathew k.c.

Court : Supreme Court of India

..... petitioner is able to show that its case falls within any of the exceptions carved out in baburam prakash chandra maheshwari v. antarim zila parishad, whirlpool corpn. v. registrar of trade marks and harbanslal sahnia v. indian oil corpn. ltd. and some other judgments, then the high court may, after considering all the relevant parameters and public interest, pass an appropriate interim .....

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Jan 05 2018 (HC)

Ragini Shrivastava Vs. Jharkhand Academic Council,ran

Court : Jharkhand

..... remedy as it depends on facts of each and every case. view of this court gets fortified by the decision rendered in the case of whirlpool corporation vs. registrar of trade marks, mumbai & ors as reported in air1999sc22 wherein the hon'ble court has enunciated that alternative remedy is not an absolute bar and a writ court can exercise judicial review under .....

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Dec 14 2017 (SC)

Toyota Jidosha Kabushiki Kaisha Vs. M/S Prius Auto Industries Limited

Court : Supreme Court of India

..... required to be proved by the plaintiff, i.e., his goodwill, misrepresentation and damages.22. the following passage from kerly s law of trade marks and trade names 7 noticed in s. syed mohideen (supra) may be reiterated herein for a clear exposition of the principles laying down the test for ..... of dishonest intention on the part of the defendants to defraud the plaintiff to derive undue benefit from the goodwill and reputation of the trade mark of which the plaintiff is the first user.18. shri chidambaram has additionally urged 26 that the story put forward by the defendants ..... the trial, the learned trial judge by judgment dated 08.07.2016 held that the impugned acts of the defendants constituted infringement of the trade marks toyota , toyota innova and toyota device registered in favour of the plaintiff. the learned judge also held that such acts of the defendants amounted ..... the indian market, according to the defendants, it was impossible for the people in india to identify and recognize or associate the defendants registered trade mark prius with any of the products of the plaintiff. in fact, in the written statement filed, the defendants claimed that as they were ..... one of the foremost automobile manufacturers in the world. according to the plaintiff it had acquired registration in india in different classes for its trade marks toyota , toyota innova and toyota device 3 during the years 1989-2003. it was specifically averred by the plaintiff that the goods manufactured .....

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Dec 14 2017 (SC)

Royal Orchid Hotels Ltd. Vs. Kamat Hotels (India) Ltd .

Court : Supreme Court of India

..... year 2007.5. a reading of the order of the deputy registrar dated 29.06.2009 would go to show that the refusal of registration of trade mark royal orchid to the petitioner in class 42 was on a 4 consideration of the evidence and materials laid before the said authority. on such consideration ..... high income) there could be no possibility of being misled cannot be accepted as a general proposition and will always depend on individual customers. as the marks/logos were largely similar, the high court took the view that even 9 on the second question formulated by it the writ petition has to be allowed ..... high court was also of the view that notwithstanding the class of customers serviced by the parties before it, it cannot be said that the two logos/marks would not give rise to confusion amongst the customers using the hotels. in this regard, the high court observed that the view expressed by the ipab ..... the materials brought on record by both the parties. the conclusion that the petitioner had not demonstrated that it was the first user of the logo/mark and that it 6 is the respondent who is the first user was arrived at on such consideration. in fact, from the very application for registration ..... considering the class of customers that would be serviced by the parties before it, no confusion 5 is likely to be caused by use of two logos/marks i.e. 'royal orchid hotels limited' and 'orchid' respectively. this is an additional ground on which the petitioner s claim for registration in class 42 .....

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Dec 14 2017 (SC)

The State of Jharkhand Vs. M/S Hindustan Construction Co. Ltd.

Court : Supreme Court of India

..... commissioner of gift tax, madras v. n.s. getty chettiar10, commissioner of sales tax, state of gujarat v. union medical agency11, saith & skelton (supra) and whirlpool corporation v. registrar of trade marks, mumbai and others12. it is urged by the learned senior counsel for the respondent that section 14(2) of the act indicates that there may be a case where the ..... of forum conveniens is expressly excluded by section 42 see jsw steel ltd. v. jindal praxair oxygen co. ltd.20, scc at p. 542, para 59). section 42 is also markedly different from section 31(4) of the 1940 act in that the expression has been made in a court competent to entertain it does not find place in section 42 .....

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