Court : Supreme Court of India
Decided on : Oct-20-1964
Reported in : AIR1965SC980; 1SCR737
..... : '(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 ..... 1952 in the high court of travancore-cochin praying that the registration of the word 'navaratna' by itself or as part of other marks as a trade mark for goods belonging to the respondent be removed from the register. civil appeal 523 of 1962 arises out of the order of the high ..... proviso to s. 6(3) of the of the act. the plaintiff was, therefore, granted a decree for an injunction confined to the trade mark 'navaratna pharmaceutical laboratories'. 9. from this judgment the appellant filed an appeal to the high court and the learned judges heard the appeal along ..... him under the name 'navaratna kalpa'. while so, in october, 1946, he applied for the registration of the words 'navaratna kalpa' as a trade mark for his medicinal preparations. this application was advertised in april, 1950, and the respondent-firm opposed the application for registration on the ground that the ..... from january, 1945 the name of the business was changed to the present one - navaratna pharmaceutical laboratories. from the very beginning the proprietors used the trade mark 'navaratna' on the products which they manufactured and sold. in december, 1928 the word 'navaratna' and the name 'navaratna pharmacy' as connoting the .....Tag this Judgment!
Court : Chennai
Decided on : Jul-01-1964
Reported in : AIR1965Mad250
..... a back ground of floral designs. in a rectangular panel on top of the trade mark ware printed the words 'maharaja beedi' in english characters. in a rectangular panel at the bottom are painted the words 't. m. abdul rahim beedi merchants, ranipet'.......the dominating feature ..... bust is covered by a lavishly decorated coat with, a red coloured cross-belt across the right shoulder. the entire portrait is enclosed in an oval setting without he words 'trade mark' on the one side and the word 'registered' on the other. lateral support is given to the portrait by a ion on one side and unicorn on the other against ..... an injunction restraining the defendant and his agents from selling beedies under the name 'maharani beedi' or under any name which is a close and colourable imitation of the plaintiffs' trade mark 'maharaja beedi' and from using wrappers, labels and ring labels, in colourable imitation of those of the plaintiffs and from passing of his beedies as those of the plaintiffs, for ..... for long been associated by the smoking public with beedies known as maharaja beedies. the plaintiffs have also registered on 28-1-1955 another mark as part of a series bearing no. 105150 under the trade marks act and that mark consists of the picture of a maharaja with the letters t. m. on each side of it. it is alleged in the plain .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-06-1964
Reported in : AIR1959All256
..... be valid. 14. we nave seen that, although the parties reside at kanpur, the place of business is within the territorial limits of the trade marks registry at new delhi. that office is within the appellate jurisdiction of the punjab high court. so, under section 3 of the act, it is ..... court has been extended to the union territory of delhi. we find the expression 'new delhi-20' in the address of the assistant registrar of trade marks. that address and the letter sent by the assistant registrar indicate that, the office in question is located at new delhi, and does not lie ..... the registrar by any person aggrieved, the tribunal may make such order as it may think tit for cancelling or varying the registration of a trade mark on the ground or any contravention, or failure to observe a condition entered on the register in relation thereto. (2) any person aggrieved by ..... narain got the label bearing his photograph and the words 'badshah pasand karyalaya, morhatoli, kanpur' registered. lakshmi narain was the absolute ownerof all the three trade marks. chunni lal, opposite party no. 1, separated himself from his father lakshmi narain in the year 1932. lakshmi narain lived jointly with his two sons, ..... business was carried on at kanpur, in 1950 lakshmi narain got the device of lord ganesh with other representation registered under the trade marks act, 1940. that trade mark was later renewed in the year 1957. in 1051 lakshmi narain got the words 'badshah pasand' with the device of lord ganesh registered .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-23-1964
Reported in : AIR1965SC1167; 2SCR192
..... like to add that if theappellants wanted to urge this point seriously, they should have placed beforethe court more material in respect of their alleged trade-mark right. theappellants had alleged in their writ petition that they are putting the sharbaton the market as a medicinal product. in that case, ..... would mean abreach of some other law. besides, it is significant that the impugned orderdoes not really compel the appellants to change their trade-mark. if theappellants desire that the sharbat in question should be put on the marketwithout complying with the requirements of clause 11(1), all that ..... impugned order invalid. inthis connection, it is necessary to bear in mind that appellant no. 1 would notbe justified in contending that the registered trade-mark which is usuallyintended to distinguish one manufactured article from another can be used by iteven though it is likely to mislead the customers, or ..... fruit order. 21. the last contention which mr. pathak urged before us is that theimpugned order is invalid, because it affects the appellants' trade mark right.it is not easy to appreciate this argument. we have already held that the actand the fruit order issued by the central government by ..... high court also found that there wasno substance in the grievance made by the appellants that as a result of thisimpugned order, their registered trade-mark label had been affected. 9. the high court then examined the question as to whether the provisions ofthe fruit order could be said to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-03-1964
Reported in : 60ITR470(P& H)
..... the terms of sal may disclose that it is in the truth done substance of trading bargain; the receipts under such bargain would in that event be taxable. again, partners may sell some secret formulate or a goodwill or even a trade mark in lieu of, among others, a commission on future sales and such commission might ..... well be considered to be taxable. finally, the sale itself may be a trading operation. when tangible assets or rights equivalent thereto are sold, the position may ..... the successful accomplishmetn of mechanical sawing operations and the right granted to the partnership in regard to the optional or permissive use of the goodwill in the trade name of the second party during the subsistence of this partnership in regard to the lease mentioned above which forms the subject-matter of this partnership, ..... the assets of his business, this would not give rise to taxable profit except in so far as profit is made thereby on trading address such as stocks, etc. if, however, the operation consists of a sale of part of the assets and the order continues his ..... by the assessee with part of its property for a purchase price or is it a method of trading by which he acquires the particular sum of money as part of the profits and gains of the trade. this test, it is true, is earlier to state than to apply to concrete cases. to .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-24-1964
Reported in : AIR1965Cal417,69CWN947
..... thirdly, that the order should not have been made because the respondents are guilty of inaccurate statements.5. under section 9 of the trade and merchandise marks act, 1958 a trade mark shall pot be registered in part a of the register unless it contains or consists of at least one of the essential particulars mentioned ..... respondents are guilty of false declarations. counsel for the appellants relied on the decision in in re arthur fairest ltd,'s application to register a trade mark reported in (1951) 68 rpc 197 and on the observation appearing at page 206 that the filling of declarations which are on their face plainly ..... statute there was anobjection to the registration, the trade mark ought to be registered. in the present case the decision of the deputy registrar appears to me to be well-considered and well-reasoned. the ..... conform.'in the case of (1890) 15 a. 6. 252, halsbury, l. c. said that though no absolute right to the registration of a trade mark was given to an applicant for registration, the meaning and intent of the statute itself was that, unless for some of the reasons contemplated by the ..... the goods of a particular applicant, even though his surname was an un-common one, from those of other persons withinthe meaning of that expression in the trade marks act, 1905 and was, therefore, not to be registered. on appeal it was held by the court of appeal consisting of far well, l.j .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-11-1964
Reported in : AIR1966AP102
..... the jointly registered proprietors or none of the joint applicants as aforesaid has any place of business in india, the office of the trade marks registry within whose territorial limits--(i) in relation to a trade mark on the register of trade marks at the commencement of this act, the place mentioned in the address for service in india as entered in the register at such ..... area. in the case of foreigners, the jurisdiction of a particular office is dependent upon the service in india given by such foreigner. where there are joint proprietors of trade marks, the jurisdiction is fixed by reference to the principal place of business of the person whose name is first mentioned in the application for registration.the result is that if ..... the appellate jurisdiction over the registry is the court which has got jurisdiction to entertain application for rectification etc. the scheme of the act is to have offices of the trade marks registry in various parts of india. each office has been given territorial jurisdiction. apart from the territorial jurisdiction of each office, it has jurisdiction over persons whose principal place ..... in the application; is situate'.section 5(1): 'for the purpose of this act there shall be established a registry which shall be known as the trade marks registry.2. the head office of the trade marks registry shall be at such place as the central government may specify, and for the purpose of facilitating the registration of trademarks, there may be established .....Tag this Judgment!
Court : Chennai
Decided on : Jul-13-1964
Reported in : 1965CriLJ558
..... such commencement.there is no evidence in the case that subsequent to the expiry of the period of registration of the kareem beedi marks, they had been renewed or that the trade marks are in the register of trade marks kept in the trade marks registry office, either in part a or part b register.10. the question nevertheless is whether registration is a sine qua non ..... all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods; and (b) that on demand by or on behalf of the prosecutor, he gave all the ..... for having in one's possession for sale or for any purposes of trade, any goods or thing with any false trade mark or false trade description, to be penalised under section 79 of the act, registration of the trade mark or trade description is not necessary. 'trade mark' as now defined, comprises both registered and unregistered trade mark in use for purpose of chapter x, other than section 81. no ..... kareen beedi. bundles and packets and the ones used by the petitioners, and p.w. 5, swore that the different labels of kareem beedi have also been registered, under the trade marks act.4. the petitioners appear to have denied in toto the charges brought against them. according to the first petitioner, the properties produced in court were recovered from other places .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-18-1964
Reported in : 57ITR132(Cal)
..... company which carried on a business of manufacture and sale of textile goods incurred an expenditure in fees consequent upon making application for its first registration under the trade marks act, 1940, of the trade marks which had been continuously in use. stone c.j., while endorsing the views of viscount cave, held that the expenditure was attributable to revenue inasmuch as it was ..... . british insulated and helsby cables ltd. but in applying the principle to the facts of that particular case he came to the conclusion that in his opinion, registration of a trade mark was neither an asset nor an advantage so as to make payment for its registration a capital expenditure.similarly in commissioner of income-tax v. century spinning weaving and ., the ..... of income-tax v. finlay mills ltd. the expenditure incurred by a company carrying on the business of manufacturing and selling textile goods in registering for the first time the trade marks which were not previously in use was held to be revenue expenditure and an allowable deduction under section 10(2)(xv) of the income-tax act, 1922. kania c.j ..... recurring and it did not bring into existence an asset or advantage for the enduring benefit of the trade. one of the reasons for arriving at the said conclusion was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-09-1964
Reported in : AIR1965SC970; 55ITR674(SC); 2SCR43
..... business of chambers & co. in hisown name, in the same premises, taking over all the constituents of chambers& co., using the same codes and trade marks and the important members ofthe staff of the company. it is true that the name of chambers & co. wasretained by the father, but all the ..... on by chambers & co. taking over all the constituents of thatbusiness, using the same premises, the same telephone number, post box no.,private codes and trade marks and the important sections of the staff thatbelonged to chambers & co. on may 23, 1933, g.a. chambers wrote to theliverpool and london and ..... or others,but did not take over any book debts or the vendor's selling organisation. itwas contended that there had been no succession to a trade. in rejecting thatcontention, finlay, j. observed : 'the substance of what was done, i think, clearlywas this. the thing was taken over as ..... the successor firm should havemathematically the same extent of business as the predecessor firm or that itshould have taken over the same extent of trade or the same line or set ofcustomers as belonging to the predecessor firm nor does it mean that thesuccessor firm should have taken over ..... the father had takenover the liabilities of the company and assets, including buildings andmachinery sufficient to discharge the liabilities, while the son was given thestock in trade and a small amount of debts. after this allotment, it isconceded that k.h. chambers continued to operate the same lines of business aswas carried .....Tag this Judgment!