Court : Chennai
..... matter, we feel that serious mistakes were committed in the case at all stages. the trial court should not have "marked" as exhibits the xerox copies of the certificates of registration of trade mark in face of the objection raised by the defendants. it should have declined to take them on record as evidence and ..... be allowed to be raised at any stage subsequent to the marking of the document as an exhibit. the latter proposition is a rule of fair play. the crucial test is whether an objection, if taken at ..... or revision. in the latter case, the objection should be taken when the evidence is tendered and once the document has been admitted in evidence and marked as an exhibit, the objection that it should not have been admitted in evidence or that the mode adopted for proving the document is irregular cannot ..... but is directed towards the mode of proof alleging the same to be irregular or insufficient. in the first case, merely because a document has been marked as 'an exhibit', an objection as to its admissibility is not excluded and is available to be raised even at a later stage or even in ..... left the plaintiff to support its case by whatever means it proposed rather than leaving the issue of admissibility of those copies open and hanging, by marking them as .....Tag this Judgment!
Court : Allahabad
..... ) scc 99, t.n.transport corporation vs. neethivalangan; 1980 (2) scc 437, shiv shankar dal mill vs. state of haryana, 1998 (8) scc 1 whirpool corporation vs. registrar of trade marks. 27. in another case reported in (1985) 3 supreme court cases 267 ram and shyam company vs. state of haryana and others, hon'ble supreme court ruled that alternative remedy ..... of conditions provided by section 10 of the 1872 act. agreements in question should be construed keeping in view the statutory provisions and should be given literal meaning considering the trade compulsions and requirement. in view of reliance case (supra) the production sharing agreement (psa) has got overriding effect over all the agreements like gspa and gta. the delivery ..... to the definition of "inter-state commerce" given by rottschafer in his "constitutional law". 44. law commission (supra) after discussing the entire pros and cons of inter-state trade and judgment of indian supreme court and american supreme court finally recommended to amend article 286 with sound reasoning. concluding remarks of second law commission report is as under:. "the ..... their potential hydrocarbon. therefore, the regulation of oilfields and mineral oil resources necessarily encompasses the regulation as well as development of natural gas. for free and smooth flow of trade, commerce and industry throughout the length and breadth of the country, natural gas and other petroleum products play a vital role. the union of india alone has got legislative .....Tag this Judgment!
Court : Karnataka
..... date of the direction or such longer period as the central government may think fit to allow: provided that no application under clause9ii) made by a registered proprietor of a trade mark after five years of coming to notice of registration of the company shall be considered by the central government. (2) if a company makes default in complying with any ..... may, before deeming a name as undesirable under clause (ii) of sub-section (2), consult the registrar of trade marks. section 22. rectification of name of company-(1) if, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by ..... with, or too nearly resembles- (i) the name by which a company in existence has been previously registered; or; (ii) a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the trade marks act, 1999, maybe deemed to be undesirable by the central government within the meaning of sub-section (1). (3) the central government ..... or any previous companies law, the first-mentioned company, or (ii)on an application by a registered proprietor of a trade mark, is in the opinion of the central government identical with, or too nearly resembles, a registered trade mark of such proprietor under the trade marks act, 1999, such company,- (a)may, by ordinary resolution and with the previous approval of the central government .....Tag this Judgment!
Court : Chennai
..... with the approval of the agricultural marketing adviser or an officer authorised in this regard, mark his private marks or trade marks provided that the same do not indicate quality other than that indicated by the grade designation mark affixed to the graded packages. 9. the petitioner company is aggrieved about the rule which ..... trying to manipulate the same by undue and unlawful advantage by misleading the general public, the government machinery and this court. when the trade brand label shows the commodity as one thing, in reality the content of the same is something different whose nomenclature is nothing but misbranding ..... common or generic name of the oils used for preparation on the package or containers of the trade article as ultra vires of the provisions of the agricultural produce (grading and marking) act, 1937 and other enactments dealing with the subject issue besides being violative of articles 14 ..... common or generic name of the oils used for preparation on the package or containers of the trade article as ultra vires of the provisions of the agricultural produce (grading and marking) act, 1937 and other enactments dealing with the subject issue besides violative of articles 14 and ..... the parent act. the object of the act is to provide for grading and marking of products with reference to prescribed standard and the use of the name "agmark" associated with the private trade brand label. the prohibition imposed by the impugned rule is unreasonable. there is likelihood .....Tag this Judgment!
Court : Chennai
..... we feel that serious mistakes were committed in the case at all stages. the trial court should not have "marked" as exhibits the xerox copies of the certificates of registration of trade mark in face of the objection raised by the defendants. it should have declined to take them on record as evidence ..... legitimate grievance in appeal about the way the trial proceeded." 18. a bare running of the eye over the above precedents would exemplify and demonstrate that marking is different from proving a document. as such, the lower court judge should have kept himself appraised of the current provisions of law. 19. ..... evidence-taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to ..... in holding that they acquired title to those properties? (4) whether the lower court was justified in rejecting the request of the defendants to get marked the note books two in number purported to contain the facts relating to the partition and allotment of shares? (5) whether the decree as such ..... and left the plaintiff to support its case by whatever means it proposed rather than leaving the issue of admissibility of those copies open and hanging, by marking them .....Tag this Judgment!
Court : Intellectual Property Appellate Board IPAB
..... . sample copies of studio register detailing the name of parties; number of photos, bill number and amount from 1971 onwards as exhibit have also been furnished. 14. the trade mark ??roshan for the services of the applicant was regarding business at simla and chandigarh. according to the applicant, their fame grew far and wide and they established goodwill and ..... and ?? baba brand for chewing tobacco. the explanation why appellant chose ??lall baba was found not satisfactory. the appellant had nowhere in his affidavit stated he was unaware of opponents trade mark. deputy registrar refused registration. his lordship ruled no material for interference. ii) m.p.jewellers vs new m.p. jewellers (ipab) 2005(30) ptc 517(ipab) there ..... by the respondent in suit no.1 of 2004 before the additional district judge, panchkula for grant of a decree of permanent injunction restraining the applicant from using the trade mark ??roshan ? for the services and goods in the field of photography and related services have been dismissed by the honble additional district judge, panchkula after holding complete trial ..... . the applicant filed counter claim. during the pendency of the proceeding the applicant came to know in february, 2008 that the respondent had malafidely secured the registration of the trade mark ??roshan ? under no.1324435 in class 42 in respect of photography services like microfilming, photography and videotaping. upon realizing this the applicant herein have moved the present application .....Tag this Judgment!
Court : Intellectual Property Appellate Board IPAB
..... point for consideration is, is the respondent protected under section 12?. here, the supreme consideration is honesty of adoption and use. there is little doubt that the respondents trade mark on the date of application for rectification in 2008 has acquired considerable, voluminous and impressive sales turnover. but what disturbs us is the dubious claim of use from 1987. ..... raising doubts about its authenticity and reliability. there are also other clean printed copies of bills from 1999 onwards but without the trade mark dreams duly embossed and it merely shows sales of pu foam mattress leading to no valid conclusion. however, there are clear cut invoices from 2004 onwards evidencing sale ..... have bombarded huge expenses towards tv publicity. only two clean printed invoices that are distinctly dated 20th october, 2004 and 18th november, 2004 as evidence of sale under the trade mark ??dreams have been furnished. however, handwritten invoices (photocopies) from 1996 onwards without the name of the respondent in the bill have also been furnished which have been challenged ..... evidence of the respondent in support of registration include inter-alia an affidavit of shri pankaj gupta, a director of the respondent company dated 15th march, 2008; specimen of trade mark labels of both applicant and respondent; year wise sales figure, copy of memorandum and articles of association; copy of reports/documents regarding fire in respondents factory; copy of .....Tag this Judgment!
Court : Orissa
..... vires of the statute is under challenge. holding thus, the supreme court has set aside the order passed by the delhi high court.18. in whirlpool corporation v. registrar of trade marks, mumbai and others; air 199.supreme court 22 it has been laid down that the jurisdiction of the high court in entertaining a writ petition under art.226 of the ..... without jurisdiction the supreme court has further held that in view of pendency of these proceedings in the high court and specially in view of section 107 of the trade and merchandise marks act, 1958, the registrar could not legally issue any suo motu notice to the appellant under section 56(4) of the act for certificate of registration/renewal already granted .....Tag this Judgment!
Court : Delhi
..... in relation to the goods which are covered by registered trademark of the plaintiff, a case of infringement under section 29(1) of the trade marks act is clearly made out. even if i proceed on the assumption that impugned trademark is similar though not deceptively similar to the registered trademark ..... v. vick chemical coy. (1951) 68 r.p.c.103 where vick chemical coy were the proprietors of the registered trade mark consisting of the word "vaporub" and another registered trade mark consisting of a design of which the words "vicks vaporub salve" formed a part. the defendants advertised their ointment as 'karsote ..... defendants goods to that of the plaintiff. in ruston and hornsby ltd.v. zamindara engineering co. (supra) where the appellant was registered proprietor of trade mark ruston in class 7 in respect of the diesel internal combustion engines. the respondent was found using the trademarks rustam and rustam india. ..... being descriptive in nature and common in usage, nobody can claim' an exclusive right to the use of 'liv' as a constituent of any trade mark. it was held that the class of customers dealing with medicines would distinguish the name of the medicines by ignoring 'liv' and by assigning ..... this suit. 3. on 17.01.2011, the following issues were framed in this case: 1.whether the defendants are infringing the registered trade mark khazanaof the plaintiff and/or are passing off their goods as those of the plaintiffs by using the impugned trademarks/labels khadims .....Tag this Judgment!
Court : Kerala
..... similar products. the discerning customer is attracted to it despite a higher cost. that essentially is a sale under trade mark/brand name. it is in this context that various division benches of this court has held that section 5(2), by the clear words employed, intended that ..... the second seller to produce the declaration as contemplated under section 5(2a). in such an event, this court found the third point sale effected by the trade mark/brand name holder not liable to tax. it was held that the effect of section 5(2) is to shift the taxable point from the first ..... hereunder: "(2) notwithstanding anything contained in this act, in respect of goods, other than tea sold in auction in the state, which are sold under a trade mark or brand name, the sale by the brand name holder or the trademark holder within the state shall be the first sale for the purposes of this act". ..... be satisfied: (i) sale of manufactured goods other than tea;(ii) sale of the said goods is under a trade mark/brand name; and(iii) the sale is by the brand name holder or the trade mark holder within the state".this postulates the liability to be at that point where these three conditions arise by a deeming ..... name has no significance in such a sale, since it is between two entities, both of whom are trademark/brand name holders. trade mark/brand name depicts and holds forth an assurance of quality. it distinguishes the product and makes it stand out or stand apart from other .....Tag this Judgment!