Court : Supreme Court of India
Decided on : Apr-15-1955
Reported in : AIR1955SC558; 2SCR252
..... the establishment of the requisite jurisdictional fact and upon the finding that the proprietor was not entitled to the exclusive use of any particular part or matter contained in the trade mark the registrar became entitled, without anything more, to require a disclaimer of that part or matter. this extreme position, however, was not maintained in the end and it was ..... stated in his judgment delivered on the 24th march, 1950, directed rectification of the register by inserting a disclaimer of the word 'shree' in the following terms : 'registration of this trade mark shall give no right to the exclusive use of the word 'shree'.' 5. feeling aggrieved by the aforesaid decision the respondent company preferred an appeal to the high court at ..... bikash rakshit, a director of the respondent company, in support of its objection. the registrar not having then pressed his proposal for disclaimer the respondent company's said mark was duly registered as trade mark no. 3815. 4. it appears that subsequently the registrar found that the word 'shree' was used by hindus as an auspicious symbol and placed even on letter ..... produced and marketed by him a device which, with some slight modification not materially altering its essential features, was, on the application of the respondent company, registered as its trade mark no. 3815. that mark was and is a device consisting of the word 'shree' written on the top in bold bengali character, having below it an ornamental figure with the word 'shree .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-20-1955
Reported in : AIR1956Bom76; (1955)57BOMLR1006; ILR1955Bom976
..... extent of the user by the applicant in that case was extremely material. there was a further fact also that the applicant had used the expression 'regd.' after his trade mark without the trade mark being registered and in doing so he committed an offence and was liable to be prosecuted. he then tried to conceal the fact that he had used the word ..... the matter being again remanded to the registrar and for the registrar to consider whether in view of this principle (sic) should completely disentitle the applicant from registration of his trade mark.in our opinion, therefore, the only question that should have been considered by the learned judge on the appeal preferred before him by the respondent was whether the agreement which ..... view that the registrar had decided mainly on the question of the genuineness of the agreement. according to the learned judge what the registrar should have considered was whether the trade mark was likely to deceive or cause confusion.that was the only circumstance the registrar should have taken into consideration and therefore the learned judge thought that the registrar should reconsider ..... user that he had a right to registration in eight districts, and the registrar expressed his opinion that if the agreement was not held proved, he would have registered the trade mark in respect of the eight districts.against this decision the respondent went in appeal to tendolkar, i. & the appellant filed cross-objections and tendolkar, j. remanded the matter backto .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-02-1955
Reported in : AIR1956Bom641
..... during that period.now, it is true that the present opponent was a minor but his father who was the proprietor of the trade mark and whose right to the trade mark had been admitted by the panchnama was alive till 1942 i.e., for about 5 years from the date of the panchnama. that ..... which would establish the fact that the opponent had such knowledge.this contention of mr. laud must, therefore, fail and the order of the trade marks registrar refusing registration in these seven districts as well as the rest of india will stand.11. the next question that has been urged on ..... therefore extend the time during which the respondent or his father could have reasonably contended that they were entitled to stop the petitioner from using the trade mark any further. in my opinion, therefore, the cross-objections of the opponent on this particular point must fail.10. it is next urged by ..... affidavits were put in on behalf of the opponent.these affidavits were of three persons who had been previously examined and cross-examined before the trade marks registrar in the prior proceedings. the affidavits set out in estenso the evidence given by the deponents before the learned registrar and confirmed the said ..... has a direct hearing on some of the questions that have been canvassed before me on this appeal.2. the petitioner applied for registration of his trade mark known as 'hautin' in respect of bidis, cigars, scented tobacco and tobacco throughout india on 21-8-1942. the application was advertised on 1 .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-06-1955
Reported in : AIR1955All404
..... be possible. (s) section 20 is: '20(1) no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark unless such trade mark has been continuously in use since before the 25th day of february, 1937, by such person or by a predecessor in title of his and unless an application for ..... chadwick and bros. ltd. air 1948 mad 481 (c). 13. in the 'madras case' it was admitted that it was to be decided without reference to the provisions of the trade marks act, 5 of 1940. 14. the other cases, are distinguishable. the observations therein may impliedly go against the present appellant. in the 'calcutta case' mukherjea j. observed: 'it is not ..... looks to us illogical that those points should be determinable by a court inferior to a district court even though section 73, trade marks act provides that a suit for the infringement ofa trade mark or otherwise relating to any rightin a trade mark should not be instituted in a court other than a district court. we, have, therefore, to interpret the two provisions referred to ..... people in general consider the goods bearing that label to be goods manufactured by the plaintiff and that the plaintiff has thus acquired an exclusive right and title to their trade marks which are also registered. in this connection it is also mentioned in the plaint that the aforesaid label stands as a symbol for the goods manufactured by the plaintiff. 3 .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-03-1955
Reported in : AIR1957Cal135,60CWN590
..... order against the alleged transferee from one who claims to be the alleged proprietor of the trade mark go as not to affect his claims for the use of the trade mark.35. the trade marks act 1940 brought into existence as did the trade marks act 1938 (1 and 2 geo. vi c. 22) a new class of person ..... in the possessor; ownership may vest or be claimed by some other person.34. it is therefore patent that the right in a trade mark referred to in section 73, trade marks act, connotes either the full right of ownership or the right to user thereof though the person claiming may not be the proprietor or ..... to what has happened to them.'32. we now proceed to consider to determine the sense in which the expression 'right in a trade mark' has been used in section 73, trade marks act. the word 'right' when used as a noun and in the singular signifies a just claim that which may be lawfully ..... court inferior to that of the district judged. 15. it is argued on behalf of the plaintiff that the expression 'right in a trade mark' as appearing in section 73, trade marks act relates to 'rights of ownership' and not those as a registered user. there is no bar to a suit being filed in ..... were advertised for sale. the executing court allowed the plaintiff's claim in respect of the sign board but disallowed its claim so far as the trade mark was concerned. being aggrieved by the said summary decision the plaintiff instituted the present suit for setting aside the summary order referred to above. the plaintiff .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-11-1955
Reported in : AIR1956P& H4
..... the prohibition of registration, of certain matters, and when quoted it runs as under: '8. no trade mark nor part of a trade mark shall be registered which consists of, or contains, any scandalous design, or any matter the use or which would- (a) by reason of its being likely to deceive ..... (c) be contrary to any law for the time being in force or to morality'. section 24 reads: '24. in all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall after the expiration of seven years from the date of such original registration be taken to be valid in all respects unless such registration was obtained by ..... application for registration it was not distinctive. (5) falshaw j. on 21-12-1954 framed a preliminary issue: 'is the petition maintainable in view of the provisions of section 24, trade marks act'. 6. i am of the opinion that this petition as framed is incompetent. section 6 of the act gives requirements which are requisite for registration. section 8 lays down ..... facts being disclosed, that the registration is calculated to prejudice and interfere with the applicant's busi- ness and that the opposite party is not entitled tothe use of the trade mark. in para 15 he submitted that the registrationwas calculated to deceive and confuse the customers and it interfered prejudicially in the tradeof the applicant and he therefore prayed for rectification .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-18-1955
Reported in : AIR1956P& H17
..... ) reads:--'20(1) no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark unless such trade mark has been continuously in use since before the 25th day of february, 1937, by such person or by a predecessor-in-title of his and ..... d. w. 4, it is ordered that during execution proceeding at the expense of defendants 1 to 3 an attempt shall be made to efface the present trade marks on them. if the attempt is successful, those knives shall be delivered to defendants 1 to 3. in the latter case, rs. 5,250/- and ..... filing of the suit cannot be said to satisfy the terms of this section.the present case, however, does not relate to an infringement of a registered trade mark. it is in substance a passing off action against the defendants and such an action is maintainable under sub-clause (2) of section 20 which reads ..... application has been refused.'the contention of the appellant-firm is that under this section the plaintiffs should have made an application for registration of the trade mark and that without such an application the suit was barred. it appears that in the present case the plaintiffs did make an application under this ..... any case the defendants' sale was very small.4. the trial court held that the suit in the present form was competent and section 20, trade marks act, 1940 was not a bar to it. on the merits the trial court found relying on the oral and documentary evidence produced by the plaintiffs .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-25-1955
Reported in : (1956)58BOMLR912
..... the date of registration.3. now, section 24 is in the following terms:in all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall after the expiration of seven years from the date of such original registration be taken to be valid in all respects ..... verbatim reproduction of our section 24. the point made by mr. shavaksha is that in this case it appears from a copy of the trade marks journal which mr. shavaksha has produced that the application for registration was advertised on august 24, 1921, and obviously the actual registration could only ..... , the word 'original' only signifies in this section the first registration in contra-distinction to the registration of any subsequent assignments of a registered trade mark, and, when the section speaks of 'the date of such original registration,' it does not mean anything more or less than saying from the ..... 24 do not relate to the actual factum of registration but relate to the first registration as against any subsequent registration of an assignment of a trade mark. then mr. shah argues that the date mentioned in section 24 is 'the date of such original registration' and not 'the date of ..... there is no opposition, or where there having been opposition the registrar has decided in favour of the applicant, the registrar shal1 register the said trade mark. obviously, therefore, there is of necessity a time lag between the date of application and the date of actual registration; but sub-section ( .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-05-1955
Reported in : AIR1956All132; 1956CriLJ183
..... the facts. i am also of opinion that having regard to the facts of this particular case the applicant 'must be deemed to have used the false trade-mark within the meaning of those words under section 480, i. p. c. punishable under section 482, i. p. c.4. under the provisions of ..... 480, i. p. c. punishable under section 482, i. p. c. the question in a case like this always is whether the alleged false trade-mark was likely to deceive the buyers in thinking that they werebuying not the goods of the actual manufacturer, but that they were buying goods of some other ..... against committing an offence under thissection he had at the time of the commission ofthe alleged offence no reason to suspect the genuineness of the trade-mark, and that on demandmade by or on behalf of the prosecutor he gaveall the information in his power with respect tothe persons of whom he ..... the prosecution in the testimony of sri m. v. peter, officer in-charge, legal department messrs. lever brothers (india) ltd., sri bhagwan swarup saxena, trade marks investigator of lever brothers (india) ltd., and sri bam nath, ganeshi lal and sub-inspector manzoorui nabi.there was also the evidence of sub-inspector ram singh ..... known as the 'sun-light' soap, 'lux' and the 'lifebuoy' soap. the names and the labels of these soaps are registered under the trade marks act.the company received complaints that spurious soaps with colourable imitation of the wrappers were afloat in the market in place of their genuine soaps at kanpur. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-06-1955
Reported in : AIR1955SC661; 2SCR603; 6STC446(SC)
..... the rule 'as necessary now as it was when lord coke reported heydon's case'. in eastman photographic material company v. comptroller general of patents, designs and trade marks l.r.  a.c. 571 earl of halsbury re-affirmed the rule as follows : 'my lords, it appears to me that to construe the ..... but to provide instead an elastic source of taxation which in its effect was to be against its own residents. the field of export trade is completely marked off as not being available for the operation of sales-tax by article 286(1)(b). then the ban on sales in the course ..... itself. 273. even looking at the matter from the practical standpoint, it is easy to exaggerate the convenience which the explanation might cause. if sellers have trade and commerce all over the states, theirs must undoubtedly be a big business. that means that they would have, for the purpose of the business, adequate ..... and local producers will suffer a set back. the argument is that as a literal construction of clause (2) will result in such discrimination against local trade, the cardinal rule of interpretation, namely, reading the written provision literally and giving to the words their ordinary natural meaning should give way to a restricted ..... of inter-state trade and commerce is declared. this ban, which was for a totally different purpose cannot be so construed as to nullify the .....Tag this Judgment!