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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Year: 2018 Page 1 of about 151 results (0.046 seconds)

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singh 100 , while dealing with a trade mark case under various sections of the trade and merchandise marks act, 1958 [repealed by the trade marks act, 1999 (47 of 1999), this court referred to the eighth report on the trade marks bill, 1993 submitted by the parliamentary standing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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Jan 30 2018 (SC)

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

Court : Supreme Court of India

Decided on : Jan-30-2018

..... 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

Decided on : Jan-05-2018

..... 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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Mar 09 2018 (SC)

Common Cause (A Regd. Society) Vs. Union of India

Court : Supreme Court of India

Decided on : Mar-09-2018

..... clearly establish a person's wishes for purposes of the subjective standard, and the burden of a prolonged life from the experience of pain and suffering markedly outweighed its satisfactions, treatment could be terminated under a limited objective standard. where no trustworthy evidence existed, and a person's suffering would make the ..... can only be achieved by administering drugs at a level which is likely to shorten life, but enhances the quality of life while it lasts. a trade-off between length of life and quality of life is permissible. 132) at the same time, possibility of misuse cannot be held to be a ..... and not an offender, at least in the absence of proof to the contrary, the burden of which must lie on the prosecution. section 115 marks a pronounced change in our law about how society must treat and attempt to commit suicide. it seeks to align indian law with emerging knowledge on ..... the individual not be in a position later to comprehend or decline treatment, is a manifestation of individual choice and autonomy. the process of ageing is marked by a sense of helplessness. human faculties decline as we grow older. social aspects of ageing, such as the loss of friendships and associations combine ..... of 112 choice.82) to the aforesaid, professor baxi adds: i still need to say that the idea of dignity is a metaethical one, that is it marks and maps a difficult terrain of what it may mean to say being 'human' and remaining 'human', or put another way the relationship between 'self', .....

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Feb 16 2018 (SC)

u.p.public Serice Commission Vs. Manoj Kumar Yadav .

Court : Supreme Court of India

Decided on : Feb-16-2018

..... in mathematics, 70 out of 100 may merely indicate an average student. some optional subjects may be very easy, when compared to others, resulting in wide disparity in the marks secured by equally capable students. in such a situation, candidates who have opted for the easier subjects may steal an advantage over those who opted for difficult subjects. there is ..... be prepared in respect of the valuation of each examiner.) (iv) after ascertaining or assessing the standards adopted by each examiner, the head examiner may confirm the award of marks without any change if the examiner has followed the agreed norms, or suggests upward or downward moderation, the quantum of moderation varying according to the degree of liberality or strictness ..... senior person) acting as the head examiner. when more than one examiners evaluate the answer-scripts relating to a subject, the subjectivity of the respective examiner will creep into the marks awarded by him to the answer-scripts allotted to him for valuation. each examiner will apply his own yardstick to assess the answer-scripts. inevitably therefore, even when experienced ..... in 2003. the result of the examination was challenged on the ground that the adoption of the scaling method was arbitrary. the complaint was that there was reduction of actual marks to the detriment of meritorious candidates. this court in sanjay singh (supra) considered the point whether the scaling method adopted by the commission was arbitrary and irrational and held .....

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May 08 2018 (SC)

Ex Navy Direct Entry Artificers Asso. Vs. The Union of India Ministry ...

Court : Supreme Court of India

Decided on : May-08-2018

1 reportable in the supreme court of india civil appellate jurisdiction civil appeal no.6785 of2014ex navy direct entry artificers association & ors. .....appellant(s) versus the union of india & ors. .....respondent(s) judgment a.k.sikri, j.appellant no.1 is a registered association of ex navy direct entry artificers, whereas appellant nos. 2 to 5 are ex direct entry artificers of the navy. primarily, it is the cause of appellant nos. 2 to 5 which is espoused by their association as well i.e. appellant no.1. these appellant nos. 2 to 5 have rendered actual service of 10 years. for an artificer to become entitled to pension, he is supposed to render minimum service of 15 years as per regulation 78 of the navy (pension) regulations, 1964. the appellants claim that after their initial engagement period of 10 years as artificers, they were placed in fleet reserve for a period of 10 years and as per regulations, 50% of the period of reserve is to be counted for the purpose of pension. on that 2 basis, it is claimed that 5 years period of reserve would enure to their benefit and on adding this period of 5 years with actual service of 10 years, it is to be treated that they have rendered 15 years of service and are accordingly entitled to receive pensionary benefits. the respondents deny the placement of appellant nos. 2 to 5 in fleet reserve for a period of 10 years as claimed by the said appellants. therefore, the moot question is as to whether the appellants, after rendering .....

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