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Judgment Search Results Home > Cases Phrase: trade marks Year: 1963 Page 1 of about 823 results (0.061 seconds)

Mar 04 1963 (SC)

London Rubber Co. Ltd. Vs. Durex Products

Court : Supreme Court of India

Decided on : Mar-04-1963

Reported in : AIR1963SC1882; [1964]2SCR211

..... similar goods bearing a similar trademark and then observed : 'even so, if there is honest concurrent use ishould think the small trader is entitled to protection of his trade mark.trade mark is a kind of property and is entitled to protection under the law,irrespective of its value in money so long as it has some business orcommercial value. not ..... already quoted s. 10(2) which empowers the registrar, in thecase of honest concurrent use or other special circumstances, to permit theregistration by more than one proprietor of trade marks which are identical ornearly resemble each other in respect of the same goods or description ofgoods, subject to such conditions and limitations, if any, as he may think fitto ..... inc., of new york city, u.s.a. made an applicationbefore the deputy registrar of trade marks on may 28, 1946 for registering themark 'durex' used by it on 'contraceptive devices includingprophylactic sheaths or condrums, vaginal diaphragms, instruments for insertingdiaphragms and models for demonstrating insertion ..... granted by the high court of calcuttaunder art. 133(1)(c) of the constitution, the question which arises forconsideration is whether the deputy registrar of trade marks, calcutta, wasright in admitting to registration the trade mark 'durex' whichrespondent no. 1 claims to own and is using on the packing of the contraceptivesmanufactured and marketed by it. 2. the durex products .....

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Sep 13 1963 (HC)

Sona Ana Pana Baulraj and anr. Vs. S.P. Vadiveu Nadar and Sons and ors ...

Court : Chennai

Decided on : Sep-13-1963

Reported in : AIR1965Mad33

..... by respondents 1 and 2, the injunction as granted by the district judge was restored completely.(4) the present application is only for rectification of the trade marks register by expunging the trade mark no. 133588 containing the trade mark name "manthitope". sri k. raja aiyar, appearing for respondents 1 and 2, raised a preliminary objection that the petition for rectification is not maintainable ..... which i shall hereafter refer to as the new act. section 24 of the old act provides that:"in all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall after the expiration of 7 years from the date of such original registration be taken to be valid in all respects unless such registration was obtained ..... court, ramachandra iyer j. (as he then was) found that respondents 1, 2 had acquired rights under the trade marks act in respect of the registered trade marks, but vacated the injunction in respect of the registered trade marks act in respect of the registered trade marks, but vacated the injunction in respect of the label and the name manthitope manikatti swamigal mainly on the ground ..... of 1940 for registration of the label contained in ex r 1 and it was actually registered on 2-3-1950. on the same date he got the three other trade marks nos 133584, 133585 and 133588 registered in respect of the names "manthitope manikatti swamigal" "sravaroga sanjeevi thailam" and "manthitope" found in the main label registered separately. he issued .....

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Mar 15 1963 (HC)

Hindustan Lever Ltd. Vs. Bombay Soda Factory and ors.

Court : Karnataka

Decided on : Mar-15-1963

Reported in : AIR1964Kant173; AIR1964Mys173; (1964)1MysLJ1

..... 'on proof of title'. the title already exists in the legal representative and on proof of such title to his satisfaction, the registrar registers him as the proprietor of the trade mark.in any event the entire discussion is academic, because before the judgment was delivered in the case the plaintiffs filed into court an order of the registrar under section 35 ..... party.such person or persons on whom the right has devolved would be entitled to the same right which the original registered proprietor had for the use of the registered trade mark. it is true that section 35 prescribes a procedure for the assignee or the representative to have registration of his title. the fallacy in the argument of mr. srinivasa ..... waxed paper wrapper carrying a three colour label with a distinctive panelling ink and colour arrangement. the said company had registered its distinctive label of the 'sunlight' soap under the trade marks act, 1940. on 8-10-1956, the hindustan vanaspathi manufacturing co., private limited, william massage and sons (india) private limited and joseph crosfield and sons (india) private limited, merged in ..... . the appellants were the plaintiffs in original suit no. 4 of 1957 on the file of the learned district judge, bellary. they sought injunctions restraining the defendants from infringing their trade mark detailed in the plaint and from passing off their goods as those of the plaintiffs. they also sued for damages for infringement of their rights. their suit was dismissed on .....

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Sep 13 1963 (HC)

Sona Ana Pana Baulraj Alias Subbiah Nadar and anr. Vs. S.P. Vadivelu N ...

Court : Chennai

Decided on : Sep-13-1963

Reported in : (1964)1MLJ121

..... by respondents 1 and 2, the injunction as granted by the district judge was restored completely.4. the present application is only for rectification of the trade mark register by expunging the trade mark no. 133588 containing the trade name 'manthithope' sri k. rajah iyer, appearing for respondents 1 and 2, raised a preliminary objection that the petition for rectification is not maintainable by ..... 1958 which i shall hereafter refer to as the new act. section 24 of the old act provides that: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 ..... against the petitioners. on appeal to this court, ramachandra iyer, j. (as he then was) found that respondents 1 and 2 had acquired rights under the trade marks act in respect of the registered trade marks, but vacated the injunction in respect of the label and the name manthithope manikatti swamigal mainly on the ground that the label and the word used by ..... of 1940 for registration of the label contained in exhibit r-i and it was actually registered on 2nd march, 1950. on the same date he got the three other trade marks nos. 133584, 133585, 133588 registered in respect of the names ' manthithope manikatti swamigal', ' sarvaroga sanjeevi thailam ' and ' manthithope' found in the main label registered separately. he issued the .....

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Dec 19 1963 (HC)

The Western India Match Co. Ltd. Vs. the Manohara Match Works and ors.

Court : Chennai

Decided on : Dec-19-1963

Reported in : AIR1965Mad42

..... even at the commencement of hearing of the petition that the court is the best judge to determine whether there is deceptive similarity of the two trade marks and labels. it is therefore unnecessary for me to discuss in detail the contents of the affidavits filed by both parties.(12) for the foregoing ..... considered the contentions urged by the learned advocate for the petitioners, and i do not find any ground to hold that the registration of the trade mark and label of respondents 1 to 3 was made without sufficient cause or that there is any error or defect in the entry in the register ..... and that the mind of the respondents is clear from the discreet attempt made by them to introduce their goods with the offending trade mark in the said districts.'the learned advocate for respondents 1 to 3 stated that their match boxes with the labels 'matulaies' are sold not ..... for the petitioners relied on the affidavit of v. m. madhavan, chief marketing officer of the petitioners firm, that'the petitioners' match boxes with the trade mark of 'three mangoes' are particularly sold and are in great demand in the district of guntur, krishna, kammamet and warangal in the state of andhra pradesh ..... petitioners rightly stated, even at the commencement of the hearing of the petition, that it is for the court to test the similarity of the trade marks and designs by comparing them. it is true that such comparison should not be made by having the labels of the petitioners and respondents 1 to .....

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Jan 02 1963 (HC)

Chhedi Lal Gupta and ors. Vs. Mohammad Sattar

Court : Allahabad

Decided on : Jan-02-1963

Reported in : AIR1963All448

..... behalf of the petitioners in the writ was that the plaintiffs plaint disclosed a cause of action which was covered by section 73 of the indian trade marks act and the plaint was not cognisable by the court of the civil judge at mirzapur but by the court of the district judge at allahabad. ..... high court. the learned single judge of the high court who heard the writ holding that the action was one for infringement of trade mark and under section 73 of the indian trade marks act would lie in the court of the district judge at allahabad, quashed the decision of the learned civil judge by a ..... action for 'passing off as known, under the law and practice of trade-mark held that it was cognisable by him. against this decision of the learned civil judge a writ under article 226 of the constitution was riled by ..... of the additional civil judge. mirzapuri but could only be tried in the court of the district;judge of allahabad under section 73 of the indian trade marks act. the learned additional civil judge decided the issue of jurisdiction as a preliminary issue and having come to a conclusion that the action was an ..... allahabad.2. the plaintiff had filed a suit against the defendants for an injunction restraining them from selling biris under a particular kind of trade mark and had claimed certain amount of damages. the defendants had raised an objection in the courtof the civil judge that the suit being one for in .....

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Apr 09 1963 (HC)

K.G. Anjaneyalu Vs. Chairman, Puri Municipality

Court : Orissa

Decided on : Apr-09-1963

Reported in : AIR1963Ori158; 1963CriLJ305

..... , v ana vi). m. 0. iv was a tin of ghee to which was affixed a green label containing, in the following printed words:'s.g.s. brand best ghee -- trade mark best ghee s.g.s.--always use tenali ghee-used for lighting purposes.' m. 0. v is another tin to which a red label is attached and that label also .....

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Jul 19 1963 (HC)

Patent and Trade Mark Agencies Employees Union Vs. William Frederic De ...

Court : Kolkata

Decided on : Jul-19-1963

Reported in : AIR1964Cal80

..... can come to any conclusion as to whether there was co-operation between the employers and the employees in matters not strictly covered by the duties of trade mark agents under the trade marks act to constitute an undertaking for the purpose of the act. it is therefore necessary and proper that the matter should go back to the industrial ..... set forth in paragraph 8 of the affidavit, to wit -- i. preparing labels and supplying printing: blocks prepared therefrom.ii. supplying trade mark journals and other publications.iii. renewing subscriptions of trade mark journals.iv. effecting searches,v. renewing trade marks.vi. preparation of drawings and tracings (structural electrical, chemical etc.) both for patents and industrial designs.vii. manufacture of blue prints ..... and drawings for guiding the manufacture of the printing blocks were mostly prepared by their employees. it was also said that the petitioners made profit by supplying regularly trade mark journals and other publications to their customers. with regard to item no. vi it was said that full fledged (technical) drawings were prepared from the models and ..... of those publications. with legard to item no. iii it was said that some of the petitioners' associates (persons practising as patents and trade marks agent abroad) instead of subscribing directly to the trade marks journal and the gazette of india paid their subscriptions through the petitioners. in such cases the petitioners charged the associates with the actual amount of .....

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Dec 19 1963 (HC)

The Western India Match Company, Limited Vs. the Manohara Match Works, ...

Court : Chennai

Decided on : Dec-19-1963

Reported in : (1964)1MLJ355

..... even at the commencement of hearing of the petition that the court is the best judge to determine whether there is deceptive similarity of the two trade marks and labels. it is therefore unnecessary for me to discuss in detail the contents of the affidavits filed by both parties.12. for the ..... considered the contentions urged by the learned advocate for the petitioners and i do not find any ground to hold that the registration of the trade mark and label of respondents 1 to 3 was made without sufficient cause or that there is any error or defect in the entry in the ..... , and that the mind of the respondents is clear from the discreet attempt made by them to introduce their goods with the offending trade mark in the said districts. the learned advocate for respondents 1 to 3 stated that their match boxes with the lables ' matulaies' are sold not ..... advocate for the petitioners relied on the affidavit of v.m. mahadevan, chief marketing officer of the petitioners ' firm, thatthe petitioners' match boxes with the trade mark of' three mangoes ' are particularly sold and are in great demand in the districts of guntur, krishna, kammamet and warangal in the state of andhra pradesh ..... the petitioners rightly stated, even at the commencement of the hearing of the petition, that it is for the court to test the similarity of trade marks and designs by comparing them. it is true that such comparison should not be made by having the lables of the petitioners and respondents 1 to .....

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Apr 11 1963 (HC)

East India Commercial Co. Private Ltd. Vs. Commissioner of Income-tax, ...

Court : Kolkata

Decided on : Apr-11-1963

Reported in : [1964]54ITR81(Cal)

..... has still his right enforceable at common law to restrain the piracy of his trade mark. in our opinion, this is neither such an asset not an advantage so as to make payment for it registration a capital expenditure.but the reason for making reference to ..... the registration certificate. it thus merely saves him the trouble of leading evidence, in the event of a suit, in a court of law, to prove his title to the trade mark. it has been said that registration is in the nature of collateral security furnishing the trader with a cheaper and more direct remedy against infringers. cancel the registration and he ..... v. finlay mills ltd. there also the claim for deduction under section 10(2)(xv) of the income-tax act was in issue but in connection with the registration of trade marks. this decision of the supreme court however is not in our opinion an authority for the proposition that an unexecuted 'view' or idea to acquire a capital asset or a ..... expenditure. kania c.j., delivering the judgment of the supreme court in that decision, at page 478, expressly pointed out that trade mark was not really an asset or capital for the purpose of the income-tax act. the registration of the trade mark only gave certain procedural facilities and, prima facie, evidentiary presumption but did not create an asset. kania c.j., at .....

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