Court : Mumbai
Decided on : Feb-13-1957
Reported in : AIR1959Bom21; (1957)59BOMLR1019
..... act runs as under:'65. where by this act any act has to be done by or to any person in connection with a trade mark or proposed trade mark or any procedure relating there to, the act may under and in accordance with the rules, or in particular cases by special leave of the ..... in his affidavit in reply has taken the contention that no appeal lies from the decision actually given by the deputy registrar of trade marks under the provisions of section 76 of the trade marks act, 1940. that point has, however, not been pressed before me by mr. sava ksha.11. in may view the ..... legislature and the enactment of the central legislature, the enactment of the central legislature should prevail. in that event, the provisions of section 80 of the trade marks act, 1940 would prevail over the provisions of section 9 of the bombay pleaders, act. mr. vaidya, however says that would not be the result ..... act. in answer to that plea, it was pointed out that the bombay pleaders act, 1920, is an act of the provincial legislature and that the trade marks act, 1940, is an act of the central legislature. both these acts were passed before the constitution came into force. item 16 of the concurrent ..... sense be considered to be civil proceedings in any court. the registrar can in no sense be regarded as a court. section 70(a) of the trade marks act provides that the registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-18-1957
Reported in : AIR1958Bom47; (1957)59BOMLR539; ILR1957Bom564
..... an application for registration is made and duly advertised, it is open to the registrar at any time to amend that application so as to substitute even a different trade mark from the trade mark which was sought to be registered by the original application and which application had been advertised. if that were to be the correct interpretation of sub-section (3) ..... continue and if any alteration has to be made it must be an insignificant alteration or a superficial alteration but not an alteration altering the identity of the trade mark itself, because if the trade mark was to be altered substantially then a fresh application would have to be made, it would have to be advertised, opposition invited, and so on. similarly, under ..... gave notice to the appellants of this application far amendment and the appellants replied on the 8th september 1953, stating that they did not admit that the amended trade mark was dissimilar to their own trade mark and stating that they wanted to proceed with the opposition. at the hearing of the opposition the appellants were not present, their application for adjournment having been ..... between these two parties and on the strength of that compromise the application for amendment was made, and notwithstanding the appellants having agreed to the first respondent using this amended trade mark they opposed it before the registrar and also in appeal before mr. justice coyajee. therefore, if the appellants want to render a service to the public they should do .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-12-1957
Reported in : AIR1958Bom56; (1957)59BOMLR548; ILR1957Bom702
..... is not open to a party to challenge that registration under section 46 on the ground that there was a prior trade mark resembling the trade mark challenged if in fact there was no trade mark registered prior to the date o| the application. in our opinion, this contention is not tenable. section 16(1 ..... the applicant, the registrar shall, unless the application has been accepted in error, or unless the central government otherwise directs, register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the making of the said application, and that date shall, subject to any ..... has delayed in coming to court and i have a large stake in the sales which i am effecting by reason of using a trade mark which resembles the trade mark of another.' therefore, the argument put forward by mr. shah of balance of convenience, of hardship, of equity, has no application ..... reference to them. to this the respondents replied on the 24th december 1945 informing the appellants that they had applied for registration of the trade mark 'cibol'. now, the cibol label was advertised on the 1st november 1947 and the time for putting in an opposition under the rules is ..... the court whether there is likelihood of deception. the court cannot abdicate its own function which is to decide on looking at the two trade marks and on considering them phonetically whether they resemble each other and whether there is likelihood of deception. that function cannot be discharged by a .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-1957
Reported in : AIR1959Kant85; AIR1959Mys85; (1958)36MysLJ852
..... registration to particular varieties ofperfumery goods which the opponent was already ealing in or honestly proposed to deal in. further, the act itself contains provisions for the removal of a trade mark in respect of any goods and for the rectification of the register. the applicability of those provisions, however, does not arise for consideration in the present appeal and is entirely ..... variety of goods. but as long as the opponent's registration for the goods of the description of perfumery stands no other person can register the same or a similar trade mark in respect of goods which properly come under the description of perfumery.it would have been open to the deputy registrar at the lime of the registration of the opponent ..... , it is urged for the respondent that the deputy registrar's view is wrong and that agarbathies are articles of perfumery. the deputy registrar relies upon the usage in the trade marks registry for his view and says that the registry has always considered that perfumery is not goods of the same description as agarbathies and that being bound by this practice ..... use that any confusion or deception is wholly improbable. as the deputy registrar himself has found, there is reliable evidence to show that the applicant has been marketing agarbathies under trade marks, of which the word 'raja' is a prominent feature from 1937.the opponent has also been marketing his goods during the same period. this itself would support the above conclusion .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-14-1957
Reported in : AIR1958MP348
..... it is necessary to prevent the mischief. 7. of course, there are various ways of doing justice between the plaintiff and defendant in an action for infringement of a registered trade mark. sometimes the courts take security for likely damages; sometimes the courts put the plaintiff to strict proof of his account, both the production and of sale; sometimes the courts ..... did not register it in any particular colour. they had their label registered in black and white and in view of the provisions of the indian trade marks act, 1940. as also of the previous trade marks act, their registration covers all colours and combination of colours. the short point, therefore, is whether the attempt to put out products of the bajoria ..... -company have also cross-objected and asked for the grant of a temporary injunction against certain other alleged infringements of the registered trade mark. this order shall dispose of all these matters. 2. as regards the application for the correction of the name of the respondent-company, no objection was raised, and i ..... appeal is directed against the order granting a temporary injunction in a suit filed by the respondent, lever brothers (india), limited, bombay, in an action for infringement of the registered trade mark of the respondent company. there is also an application made for correcting the name of the respondent-company into 'hindustan lever, limited, bombay', which is not opposed. the respondent .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-1957
Reported in : AIR1958Kant134; AIR1958Mys134; (1958)36MysLJ31
..... pot and the plant had seven stems with flowers at the end of five of them. the tamil expression meaning five flower mark appeared in the mark. there were thus several dissimilarities in the features of the two trade marks. the respondent's trade mark was the same as the one on the basis of which he has opposed the present application also. the court took ..... trade mark?' in that case the essential feature in both the marks was the figure of a bird conveying the idea of an eagle. a comparison of ..... .t. co., : air1951bom147 (a), 'it is impossible to accept that a man looking at a trade mark would take in every single feature of the trade mark. the question would be, what would be normally retain in his mind after looking at the trade mark? what would be the salient feature of the trade mark which in future would lead him to associate the particular goods with that ..... nittoor sreenivasa rau, j. 1. the appellant applied for the registration of his trade mark in respect of beedies falling under clause 34 of schedule 4 to the trade marks rules. the respondent opposed the registration and the opposition was upheld by the ex-officio deputy registrar of trade marks, bangalore, and the registration was refused. the appeal is directed against this decision. 2. the appellant's .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-23-1957
Reported in : AIR1958All643; 1958CriLJ1102
..... other purpose mentioned in section 486, i. p. c.12. in view of these three considerations mentioned earlier, we are of opinion that a counterfeit trade mark would be a trade mark which purports to be a genuine trade mark but is in reality not so and that it would so purport only when it is a copy of the other though not an absolutely exact ..... ), toy gopalji mehrotra, j., which related to the applicant possessing soaps under the name of 'sumbright', 'sunolight' and 'lifeboy', he observed :--'there is a distinction between a false trade mark and a counterfeit trade mark. in the ultimate analysis the distinction may be subtle only to a degree, but nonetheless there is a distinction between the two. every colourable imitation does not necessarily make ..... after considering certain cases ismail, j. finally observed at page 91 :--'applying the principles enunciated above, i have to determine whether the applicant has used a false trade mark or has sold goods with a counterfeit trade mark. i have no hesitation in holding that in the present case the applicant cannot be convicted under section 486, i. p. c. it is impossible to ..... quantities of soap with labels 'sumbright', 'sumlight', 'sunleght' 'lillyboy' on a search on 19-5-1953. it has been held by the courts below that the manufacturers have counterfeited the trade marks of lever brothers with respect to the name and the label of 'sunlight' soap and 'lifebuoy' soap and that the applicants committed the offences under sections 482 and 486, i .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-08-1957
Reported in : (1958)60BOMLR397
..... side we have the words 'superior quality machine thread'. it seems to be the clear intention to use, what is called a design, as a trade mark within the meaning of section 478 of the indian penal code, 1860, in connection with the machine thread manufactured by vijay bharat thread mills. in ..... 1911.7. the respondents are using what they call their design as a trade mark. in fact, they applied under the trade marks act for the registration of what they call their design as a trade mark. their design itself indicates that trade mark rights are claimed in respect of the design. when one turns to exh. ..... , viz., (1) that it must be applied to any article by any industrial process or means and (2) that it would not include any trade mark as defined in section 478 of the indian penal code. the term 'article' is denned by section 2(2) to mean as respects designs any ..... selling, amongst other things, yarn and thread. that petitioner is the proprietor of a registered trade mark known as the 'sadhu' mark. the petitioner has been using wrappers and labels bearing a representation of that trade mark. the said trade mark has been registered in respect of yarn and thread, and has been used inter, alia ..... any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in section 478, or property mark as defined in section 479 of the indian penal code.there are two things apparent from the definition of the expression ' .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-1957
Reported in : (1957)2MLJ309
..... was ultimately decided against him. the amount of rs. 2,000 which he paid was not on account of a penalty for infringement of the trade mark but was solely on account of costs incurred by the plaintiff in the suit....in the carrying on of his business he was involved in a ..... did not amount to an admission that he had committed an infringement of the trade mark. instead of carrying on an expensive and uncertain litigation he considered it more prudent to compromise the claim in order to minimise his losses or ..... in income-tax appellate tribunal, bombay v. chhaganmal mangilal , and observed at page 215:the assessee seth chhaganmal mangilal was not convicted for infringement of the trade mark. the suit against him was not decided on merits. an appeal was filed against an interlocutory order in a pending suit. the compromise of the claim ..... is thus summed up in simon's income-tax, second edition, vol. ii, paragraph 230, at page 203:in computing the profits of a trade it is the normal accountancy practice to allow as an expense any sum in respect of liabilities which have accrued over the accounting period, and to make ..... was ultimately held by the house of lords that the costs of reconditioning was not a proper deduction in computing the results of the assessee company's trade for the accounting-period ending 30th june, 1921. lord buckmaster observed at page 1048:according to the appellants' contention, however, it is not the .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-1957
Reported in : 32ITR138(Mad)
..... was ultimately decided against him. the amount of rs. 2,000 which he paid was not on account of a penalty for infringement of the trade mark but was solely on account of costs incurred by the plaintiff in the suit. ......in the carrying on of his business he was involved in ..... claim did not amount to an admission that he had committed an infringement of the trade mark. instead of carrying on an expensive and uncertain litigation he considered it more prudent to compromise the claim in order to minimise his losses or ..... appeal in scammel and nephew ltd. v. rowles and observed at page 21 :'the assessee seth chhaganmal mangilal was not convicted for infringement of the trade mark. the suit against him was not decided on merits. an appeal was field against an interlocutory order in a pending suit. the compromise of the ..... the position is thus summed up in simons income tax, second edition, vol. ii, paragraph 230, at page 20 :'in computing the profits of a trade it is the normal accountancy practice to allow as an expense any sum in respect of liabilities which have accrued over the accounting period, and to make ..... it was ultimately held by the house of lords that the cost of reconditioning was not a proper deduction in computing the results of the assessee companys trade for the accounting period ending 30th june, 1921. lord buckmaster observed at page 104 :'according to the appellants contention, however, it is not the actual .....Tag this Judgment!