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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Year: 2018 Page 1 of about 262 results (0.086 seconds)

Oct 11 2018 (SC)

b.k Educational Services Pvt Ltd Vs. Parag Gupta and Associates

Court : Supreme Court of India

Decided on : Oct-11-2018

..... 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. (at 1033-1034) 11. given the fact that the procedure that would apply to the nclt would be the procedure contained inter alia in the limitation act, it is ..... 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 20 nothing more about it. that being so, the high court being seized as such of the appellate ..... this court stating: the trade marks act does not provide or lay down any procedure for the future conduct or career of that appeal in the high court, indeed section 77 of the act provides that ..... . ltd. v. james chadwick and bros. ltd., 1953 scr1028 this court dealt with an appeal to the high court from any decision of the registrar under section 76 of the trade marks act. it was argued that the provisions of clause 15 of the letters patent would not be attracted to such an appeal preferred under section 76. this was negatived by .....

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Sep 12 2018 (SC)

Wockhardt Limited Vs. Torrent Pharmaceuticals Limited

Court : Supreme Court of India

Decided on : Sep-12-2018

..... by the court would shape depends on the facts and circumstances of each case. where a defendant has imitated or adopted the plaintiff s distinctive trade mark or business name, the order may be an absolute injunction that he would not use or carry on business under that name. (kerly, ibid ..... is similarity. there is no explanation at all for torrent s past conduct and the inaction with knowledge, or deemed knowledge, of wockhardt s trade mark registration application, its advertisement and subsequent registration, with not a single objection from torrent or is predecessor-in-title. there is no answer about ..... , the arguments were confined to passing off only. 13) the skeletal facts necessary to decide this appeal are that the plaintiff/respondent has a trade mark called chymoral and chymoral forte , which is a drug administered post-surgically for swellings that may arise and/or wounds that may arise. it ..... . seeing the sales figures of chymowok from december, 2017 till august, 2018 and the fact that the appellant s sales under the new trade name are substantial, we do not think that we should exercise our discretionary jurisdiction under article 136 of the constitution of india in favour of ..... , which, in turn, had obtained the said mark from one armour pharmaceutical company. the user that is claimed on behalf of the plaintiff is at least from the year 1988 as and when elder pharmaceuticals ltd. actually sold drugs under the two trade names as aforesaid. the division bench also referred .....

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Jul 30 2018 (SC)

Diyora and Bhanderi Corporation Vs. Sarine Technologies Ltd.

Court : Supreme Court of India

Decided on : Jul-30-2018

..... ) nos.17685-86 of 2018) diyora and bhanderi corporation through its partner and ors. appellants versus sarine technologies ltd. .. . respondent judgment uday umesh lalit, j.1. 2. leave granted. commercial trade mark suit no.8 of 2017 was filed by the respondent herein ( plaintiff , for short) in the court of district judge, surat contending inter alia that it had validly subsisting copyright ..... of the above and for the reasons stated above, present appeal from order succeeds. impugned order passed below exh.5 application by the learned judge, commercial court, vadodara in commercial trade mark suit no.8/2017 is hereby quashed and set aside and the matter is remanded to the learned judge, commercial court, vadodara for deciding the application exh.5 afresh in .....

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Jul 26 2018 (SC)

M/S. Nandhini Deluxe Vs. M/S. Karnataka Cooperative Milk Producers Fed ...

Court : Supreme Court of India

Decided on : Jul-26-2018

..... the rules. in our view, the contention of mr vaidyanathan that in view of change in the language of section 8 of the trade marks act as compared to section 5 of the trade marks act, 1940, registration of trade mark is to be made only in respect of class or genus and not in respect of articles of different species under the genus is ..... for registration and the goods in respect of which the appellant intended to claim registration. this was submitted in the tabulated form as under: class goods applied in the trade mark application class 29 trade mark app. no.982285 meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs; milk and milk products; ..... number of persons involved in the channels of distribution of the goods or services; (iii) the business circles dealing with the goods or services, to which that trade mark applies. (8) where a trade mark has been determined to be well-known in at least one relevant section of the public in india by any court or registrar, the registrar shall consider that ..... is raised in opposition proceedings by the proprietor of the earlier trade mark. (6) the registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including (i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in india .....

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Jul 12 2018 (SC)

Parakh Vanijya Private Limited Vs. Baroma Agro Product

Court : Supreme Court of India

Decided on : Jul-12-2018

..... rice, coffee, tea etc. in the registration under class-30, there is a disclaimer for the word malabar . the disclaimer is worded thus:- condition & limitation: registration of this trade mark shall give no right to the exclusive use of word malabar and all other descriptive matters 7. the appellant though claims exclusive right over the word malabar since there is ..... of the respondent s then mark and other materials, the learned single judge vide order dated 02.07.2012 granted ..... plaintiff claims to have been using the mark malabar for selling biryani rice from 2001. the appellant filed the suit cs no.27 of 2012 for infringement and passing off special biryani rice under the mark malabar gold or other mark/trade name which is identical with and/or deceptively similar to the appellant s trade mark malabar . on consideration of various features ..... interim injunction observing that there was similarity between the two labels/marks and restrained the respondents/defendants from using the label mark malabar . the division bench declined .....

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May 09 2018 (SC)

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

Court : Supreme Court of India

Decided on : May-09-2018

..... 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

Decided on : Apr-20-2018

..... 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

Decided on : Apr-13-2018

..... 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

Decided on : Apr-13-2018

..... 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

Decided on : Feb-20-2018

..... 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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