Court : Karnataka
Decided on : Jun-29-1962
Reported in : AIR1963Mys122
..... other appellate jurisdiction (vide national sewing thread co., ltd. v. james chadwick and bros., ltd., : 4scr1028 .6. it was nextly contended by sri chandrasekhar that even though a trade mark satisfied the requirements for eligibility under section 6(1) of the act, the applicant did not have the right to have it registered and that the registrar had a discretion ..... american law institute), it is stated as follows:'that a designation may have a suggestive significance in connection with the goods does not render it inappropriate for use as a trade-mark. the test is the imaginativeness involved in the suggestion, that is, whether the suggestion is so close and direct that it is apparently descriptive and generally useful in approximately ..... 'speed master' as a trade mark. the main grounds for the refusal are (1) that the expression 'speed master' is not an invented word and (2) that this expression in relation to watches or clocks, ..... asked by a letter dated 3-10-1958 for a hearing before final orders were passed. in response to this letter, the registrar directed the ex-officio deputy registrar of trade marks to give a hearing to the applicant. consequently, the ex-officio deputy registrar heard the applicant's advocate and after considering the arguments, refused the application for registration of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-27-1962
Reported in : AIR1963SC449; 2SCR484
..... claiming is its right under s. 21 of the act, the exclusive right to the use of its trade mark, and to oppose the registration of a trade mark which so nearly resembles its trade mark that it is likely to deceive or cause confusion. 15. a large number of decisions relating to the ..... may first read the relevant sections of the act, viz. s. 8 and 10. 8. prohibition of registration of certain matter. - 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 of which would. - (a) by reason ..... and that the respondent had been an honest concurrent user from 1923 onwards, they held that there was no justification for refusing registration to the trade mark 'lakshmandhara' for the whole of india. they accordingly allowed the appeal of the respondent and dismissed that of the appellant by their judgment ..... medicine of similar nature, least of all with 'amritdhara' whose packing was distinctly different in colour, design and layout. 3. the registrar of trade marks dealt with the application and the opposition thereto by his order dated september 10, 1953. it appears that apart from the affidavits filed, no ..... the article, and it was stated that the approximate annual turnover was rs. 40,000/-. notice of the application was given by the registrar of trade marks, bombay, and the amritdhara pharmacy, a limited liability company and appellant before us, filed an application in opposition. in this application the appellant .....Tag this Judgment!
Court : Chennai
Decided on : Apr-10-1962
Reported in : AIR1963Mad460; (1963)2MLJ311
..... been registered they would have the exclusive right of using the word on all their goods whether it be biscuits or confectionary. section 5 of the indian trade marks act declares that a trade mark may be registered only in respect of particular goods or class of goods. section 84 (2) confers on the central government power to make rules and prescribe classifications of ..... by the appellants in connection with their goods should not be copied by the respondents. it cannot, therefore, be held that the agreement impliedly authorised the respondents to use the trade mark 'perry' to goods other than biscuits manufactured and sold by them.7. but as we stated earlier, the substantial question to be decided is whether there has been an infringement ..... light of the surrounding circumstances. it is clear on the evidence that at the time when the respondents applied to the registrar of trade marks at bombay for registration of their trade mark, 'perry and co.' their intention was to confine that trade mark only for the sale of their biscuits by their letter addressed to the appellants on 17th february 1951 (ex. b13) the respondents ..... which they, proceeding on the assumption that parry's were manufacturers of confectionary. while perry's were manufacturers of biscuits, agreed that the respondents might use or adopt as their trade mark perry's or labels containing that word if they were to use block letters. if, however, the script form were to be adopted, the agreement, specified the form of the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-19-1962
Reported in : 13STC703(Bom)
..... and the transfer of these two things, namely, goodwill and the trade marks, by themselves, without there being any other evidence, would not amount to the transfer of the entire business. 7. in the case before us, no ..... to a business. it necessarily follows that goodwill cannot be equated with the business itself. similar appears to be the position in respect of a right in trade mark also. in appeal no. 95 of 1951, decided on 6th february, 1952, the learned chief justice, delivering the judgment of the court, observed : ' ..... the business of selling goods in the state of bombay'. it has therefore to be seen whether transfer of goodwill and right to use certain trade marks used by him in the matter of selling the goods would by itself tantamount to selling of the entire business. goodwill has been defined by ..... opinion, would turn on the determination of the question whether transfer of a goodwill of a business along with the right to use certain unregistered trade marks in the business would by itself tantamount to transfer of the entire business. it is not in dispute that to hold the transferee of a ..... is indeed true that in the instant ease, it is not that the goodwill alone has been transferred or that the trade marks alone are transferred; but both the goodwill and the trade marks have been transferred. but even then, both these things taken together cannot amount to the entire business of a trader, .....Tag this Judgment!
Court : Chennai
Decided on : Jan-09-1962
Reported in : AIR1963Mad12
..... 'manthithope' in the labels of the appellants. to this extent the decree of the lower court will be affirmed. the decree in regard to the label v trade mark no. 108806, and in regard to trade mark no. 133585 regarding the name manthithope manikottai swamigal will be set aside. there will be no order as to costs in the appeals or in the suit ..... instituted a proceeding under these sections (o. p. 152 of 1959) which isnow pending on the original side jurisdiction of this court for rectification of the register by expunging this trade mark. under these circumstances it appears to be abundantly clear to us that the validity of the registration cannot be canvassed at all in these proceedings. the learned judge (ramachandra iyer ..... . gopalaswami aiyangar and sri m.r. narayanaswami). they have attempted to advance the same proposition as that which was advanced before the learned judge, namely, that the registration of this trade mark (manthi thope) even in the context of the designation of a particular class of goods, medicinal oils, amounts to a registration of the geographical appellation of a village as a ..... 1936 before a learned judge of this court (ramachandra iyer j. as he then was) with reference to the injunction granted by the learned judge in respect of a registered trade mark (manthithope,) used in the context of designating medicinal oils. in both the appeals, which differ upon the particular factsotherwise, the common ground is that this name, being a georgraphical appellation .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-04-1962
Reported in : (1965)67BOMLR729
..... to the question whether the sound of one word resembles too nearly the sound of another so as to bring the former within the limits of section 12 of the trade marks act, 1938, must nearly always depend on first impression, for obviously a person who is familiar with both words will neither be deceived nor confused. it is the person who ..... facts and the value of authorities lies not so much in the actual decision as in the tests applied for determining what is likely to deceive or cause confusion. a trade mark is likely to deceive or cause confusion by its resemblance to another already on the register, if it is likely to do so in the course of its legitimate use ..... fact, you must consider all the surrounding circumstances; and you must further consider what is likely to happen if each of those trade marks is used in a normal way as a trade mark for the goods of the respective owners of the marks. if, considering all those circumstances, you come to the conclusion that there will be a confusion-that is to say, not ..... of the same goods or description of goods. there is an absolute bar of registration of two identical trade marks. it requires that the two marks under consideration should be compared. if the two marks under consideration, that is, the mark of which registration is sought and the mark which is already registered are identical, the registration must be refused. it is not then permissible to .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-01-1962
Reported in : AIR1963All133; 1963CriLJ282
..... another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practised.' a counterfeit trade mark is one by means of which resemblance to a genuine article is intended to deceive or to lead a purchaser to imagine that the counterfeit is ..... on behalf of the applicant is that as it was not proved that the articles in question were not the manufacture of the various companies whose trade marks they bore, no offence under section 486 i.p.c. was committed. 5. it appears that a similar objection was raised in the course of ..... the manufacture of a particular company merely because it has become old or the trade mark on it has faded. suppose a 'hercules' bicycle is repainted including its trade mark. can it be said that the trade mark is counterfeit? similarly, if a trade mark label on a bottle is torn off and another is affixed, can it be ..... is proved that an accused person has sold or exposed or had been in possession for sale or any purpose of trade or manufacture any goods or things with a counterfeit trade mark that the onus will lie on him to show that he acted honestly and did not commit an offence. as it ..... the accused sold or exposed or had in possession for sale or any purpose of trade or manufacture any goods or things; (2) such goods or things had some trade mark or property mark affixed to or impressed upon them; (3) such trade mark or property mark was counterfeit. section 28 i.p.c. says: 'a person is said to .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-22-1962
Reported in : AIR1963Cal56,[1962(5)FLR339],(1963)ILLJ100Cal
..... 15 of the letters patent of this high court is in identical terms, and the provisionsof the trade marks act are similar to the provisions of the trade unions act. i hold therefore, that the appeal is competent under the provisions of clause 15 of the letters patent.4. ..... v. james chadwick and bros, ltd. : 4scr1028 . that was a case under the trade marks act 1940. the appellants there made an application to the registrar of trade marks at bombay for the registration of their mark 'vulture brand', under the trade marks act, 1940. this was opposed. the registrar refused registration. the appellants preferred an appeal against ..... 1913 a. c. 546 and adaikappa chettiar v. chandrasekha thevar . it was held that the case of india electric works v. registrar of trade marks : air1947cal49 where it was decided that there was no right of appeal from the decision of a single judge to a division bench, with respect to a ..... trade marks act appeal, was wrongly decided. it was. held that in such a case, an appeal lay under clause 15of the letters patent. clause ..... the order of the registrar to the high court at bombay, under the provisions of section 76 of the trade marks act, which is similar to section 11 of the trade unions act. shah j. allowed the appeal and set aside the order of the registrar and directed him to register the .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-12-1962
Reported in : 1979(4)ELT451(Kar)
..... excise, bangalore, and not disputed in the affidavitfiled in this court by the petitioner, are as follows: the petitioner (messrs. amco batteries limited, bangalore) manufacturers electric storage batteries under three trade marks, i.e. 'amco', 'oakes' and 'speed'. 'amco' batteries are marketed through a network of distributors, about fourteen in number, each of whom is the sole distributor for a specified zone ..... dealer charges for his goods, when he sells them in wholesale units; what will constitute a 'wholesale unit' will have to be determined with reference to the practice of the trade at the place where the goods are sold; a 'wholesale market' is where goods in question, or goods of a like kind and quality, are sold or are capable of ..... kind and quality. but if there is an actual price for the goods themselves at the time and place of importation and if it is a 'wholesale cash price less trade discount', the clause is not inapplicable for want of sales of other goods. the clause can be applied distributive to each of the motor cars in this consignment and even ..... , limited v. secretary of state, air 1938 pc 15 at page 19. 'the price upon which customs duty has been charged appears, therefore, to be a wholesale cash price, less trade discount, for which the goods under assessment were in fact sold at the time and place of importation. on this footing their lordships must now consider the more general arguments .....Tag this Judgment!
Court : Kolkata
Decided on : May-14-1962
Reported in : AIR1963Cal392,67CWN22,48ITR31(Cal)
..... assets'. thereunder distinction has to be made as far as possible between expenditure upon goodwill, land, buildings, lease-holds, railway siding, plant & machinery, furniture and fittings, development of property, patent, trade mark and designs, livestock and vehicle etc. under column 4 it is obligatory on a company to show under each head the original cost and the additions thereto and deduction therefrom ..... capital employed in the trade or business during both the standard period and in any chargeable accounting period. in the said case, a point was raised by the attorney general, that assuming that there was ..... excess profits tax was imposed by the finance act, 1939 and part ii of the 7th schedule to that act contains the rules for computing the capital employed in a trade or business the profits whereof are subject to that tax. the section of those rules provides that in the computation of the capital, 'debts' are to be deducted from the .....Tag this Judgment!