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Judgment Search Results Home > Cases Phrase: trade marks Year: 1966 Page 1 of about 740 results (0.067 seconds)

Aug 03 1966 (HC)

United Iron and Steel Works Vs. Government of India, Trade Marks Regis ...

Court : Punjab and Haryana

Decided on : Aug-03-1966

Reported in : AIR1967P& H64

..... state in writing the materials used by him in arriving at his said decision. in pursuance of the requirement of the said notice under rule 41 (1) of the trade marks and merchandise marks, rules, 1959, (hereinafter referred to as the central rules), the assistant registrar gave his detailed judgment dated march 21, 1964, against which the present appeal has been preferred. ..... but also include his other goods for which a separate application for registration has been made and is stated to be still pending. the extent to which a particular trade mark has been adapted to distinguish by being used by a particular manufacturer would normally depend upon the extent relating to all the goods manufactured by the particular applicant and not ..... attached a copy of the invoice of the appellant showing that the goods were, in fact supplied. each of the relevant indent describes the goods indented with reference to the trade mark 'uis'. a reference to these vouchers does show that the appellant has been engaged in extensive business spread over different states and has been dealing with substantial number of persons ..... why the application should not be refused for the reason stated in the preceding paragraph.'in the same communication the appellant was directed to address all further correspondence to the trade marks registry at delhi.3. in his reply dated september 5, 1963, the appellant authorised the requisite amendments being made in the original application and added that the appellant was ' .....

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Feb 04 1966 (HC)

Commissioner of Income-tax, Bombay City-ii Vs. Bombay Hing Supply Co.

Court : Mumbai

Decided on : Feb-04-1966

Reported in : [1966]61ITR672(Bom)

..... the contention, in our opinion, the contention does not arise out of the order of the tribunal. as the figures would show, the books value of the stock-in-trade, furniture, goodwill, trade-marks, sundry debtors less sundry creditors, as shown in the books of account of the former partnership, was shown at rs. 5,03,637. all these assets have been shown ..... day of december, 1952, are valued at rs. 1,55,000 and whereas the goodwill of the said business and the said name of bombay high supply company and the trade names, trade-marks and the outstandings (after taking into account bad debts) to which these presents are intended to relate have been valued at rs. 1,50,000.' 2. thus the break ..... , the court receiver was appointed receiver of the said partnership business with a direction to sell the business of the partnership together with the assets thereof including the goodwill, trade-mark, stock-in-trade, outstandings, etc., either by public auction or private treaty. in pursuance of the said consent order, a public auction was held on 29th november, 1952, at which one of ..... ----------- ------------ -------------5,03,637 3,05,000 3,05,000---------------------------------------------------------------------- 19. it is the argument of mr. joshi that as mentioned in annexure 'a', that is, the deed of assignment, goodwill, trade-marks sundry debtors, etc., which in the books of account of the former partnership are shown to be of the value of rs. 2,28,286 (goodwill rs. 1,25,000 .....

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Mar 31 1966 (HC)

Shameem Ahmed Vs. Mohan Lal

Court : Allahabad

Decided on : Mar-31-1966

Reported in : AIR1967All346; 1967CriLJ840

..... biris in such a manner as was calculated to cause it to be believed that it was the trade mark and the property mark of the complainant's firm and were thus using a false trade mark and property mark and selling them marked with a counterfeit trade mark and property mark.3. the respondent pleaded not guilty and alleged that he had been prosecuted due to business rivalry. ..... made allegations in paragraph 4 and 5 of the complaint which clearly show that his was a case also of making use of a false trade mark, counterfeiting a trade mark and selling goods with a counter fit trade mark. it was consequently not correct for the learned magistrate to frame a charge only under section 482 of the indian penal code. in such ..... not a case covered by that section. but since no charge had been framed in respect of the use and application of a false trade mark falsifying or counterfeiting a trade mark and selling goods with a false or counterfeit trade mark the case will have to be sent back to the magistrate for a fresh trial. we do not, however, desire to express, nor ..... the assent of the proprietor of the trade mark makes that trade mark or deceptively similar mark; or (b) falsifies any genuine trade mark, whether by alternation, addition, effacement or otherwise. (2) a person shall be deemed to falsely apply to goods a trade mark who, without the assent of the proprietor of the trade mark- (a) applies such trade mark or a deceptively similar mark, to goods or any package containing goods .....

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Mar 28 1966 (SC)

Ram Kishore Vs. State of U.P.

Court : Supreme Court of India

Decided on : Mar-28-1966

Reported in : AIR1966SC1820; 1966CriLJ1500; [1966]SuppSCR68

..... without substance. section 77, it is true, provides that a person shall be deemed to falsify a trade-mark who either - (a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or (b) falsified any genuine trade mark, whether by alteration, addition, effacement or otherwise. if there is assent of the proprietor to the ..... the appellant's label were substantially similar. 3. the complainants gave information to the police in november 1960 that the appellant had infringed their trade-mark by marketing his goods under a trade-mark calculated to deceive the purchasers into believing that they were purchasing the product of the complainants. the police submitted a charge sheet against the appellant ..... ; and on those allegations the complainants called upon the appellant to desist from selling or disposing of any of the goods with labels resembling to the complainants' trade-mark and thereby deceiving the public into purchasing the appellant's product when the public desires to purchase the complainants' product and making several other incidental requisitions. in reply ..... hereinafter be called 'the complainants' - carry on in the town of varanasi, business in 'chewing tobacco'. they were marketing their product for the last many years under a trade-mark styled 'titli' (butterfly). the label on the containers of 'chewing tobacco' shows figures of three butterflies on yellow-green background and the legend 'titli' in devnagari and english .....

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Jan 19 1966 (HC)

Chhedi Lal Gupta and ors. Vs. Smt. Shakuran Bibi and anr.

Court : Allahabad

Decided on : Jan-19-1966

Reported in : AIR1967All269

..... ghatak contended that there can be no passing off action where the only allegation of the plaintiffs is that the defendants used a registered trade mark deceptively similar to the trade mark of the plaintiffs i cannot agree, because this argument is negatived by the plain language of section 105 of the act. it runs ..... . western india match co. ltd., 1955 all lj 555: (air 1955 all 404) in support of his argument that the infringement of a registered trade mark does not become a passing off merely because the consequences of the infringement are that the plaintiffs' customers are deceived. but this decision does not help ..... right similar to that of an inventor who has patented his invention. the effect of section 28 is that no other person can use this trade mark without the consent of the proprietor just as no one can make use of a patented discovery or invention without the consent of the owner ..... this act, the following acts do not constitute an infringement of the right to the use of a registered trade mark : (d) the use of a registered trade mark, being one of two or more trade marks registered under this act which are identical or nearly resemble each other, in exercise of the right to the ..... register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of those persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as .....

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Dec 09 1966 (HC)

A. Abdul Karim Sahib Vs. A. Shanmugha Mudaliar

Court : Chennai

Decided on : Dec-09-1966

Reported in : (1967)2MLJ468

..... to avoid multiplicity of suits.7. having regard to the above well-accepted judicial pronouncements, i am of the opinion that the supervening event of registration of the trade mark under the trade and merchandise marks act, 1958, is a factor which i can take note of, and on that basis, allow the amendment prayed for, in the interests of justice. apart from it ..... with this view.2. the suit was originally laid as if it was a passing off action. an amendment is sought after the plaintiff secured registration of his trade mark under the trade and merchandise marks act of 1958. this later right secured by him is a statutory right which he can avail himself of, as against a person who, according to the plaintiff ..... incorporating therein two paragraphs which are extracted in the petition. one of those paragraphs really sets out the fact that the petitioner has secured registration of the trade mark under consideration under the trade and merchandise marks act of 1958, and the other paragraph relates to the prayer portion and in effect is an enlargement of the prayer already on record by asking for ..... secured by statute, whilst at the same time asking for one and the same relief originally prayed for namely, a permanent injunction against the defendant restraining him from imitating his trade mark. i do not think that the learned district judge is right when he observed that the original cause of action is different from the cause of action now sought to .....

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Apr 06 1966 (HC)

Shamlal and Ors. Vs. Parle's of Products Manufacturing Company (P.), L ...

Court : Chennai

Decided on : Apr-06-1966

Reported in : (1966)2MLJ246

..... ]1scr968 the supreme court held that the words, ' gluvita' and 'gulcovita' would lead to confusion and render deception likely in view of the similarity of the two trade marks. in chinnakrishnan chettiar v. sri ambal & co. (1964) 2 m.l.j. 206 anantanarayanan, j., in a very considered judgment; wherein he has reviewed the ..... pearl and the letters, jj in glass 30 in respect of a designation of goods which was worded biscuits. when this application was advertised in the trade mark journal of 1st june, 1963, the respondents filed a notice of opposition under section 21 of the act. the respondents are well-known manufacturer of ..... 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. number of cases have been considered in the court of appeal and the house of lords on ..... the aspect of visual and phonetic similarity in the trade marks. in in re electrix ltd. 1959 r.p.d.t. m.c. 283 the house of lords upheld thee decision of the ..... having regard to their extensive reputation acquired by the trade mark ' parle's' the registration of the appellant's trade mark was also barred under section 11 as likely to deceive or cause confusion.2. the assistant registrar of trade marks framed issues, whether the prior registration of trade mark no. 9202 was not a bar to the registration .....

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Mar 21 1966 (HC)

The Pilot Pen Co. (India) Private Ltd., Madras Vs. the Gujarat Industr ...

Court : Chennai

Decided on : Mar-21-1966

Reported in : AIR1967Mad215

..... by the defendants in each of these suits is for the cancellation of the registration by a direction to the controlled general of patents, designs and trade marks, calcutta to remove the entry of the said registration from the register.(2) the suits and petitions were tried together and since the points arising ..... include 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 s. 478, or property mark as defined in s. 479 i.p.c.(9) what is claimed by the plaintiff is that he has an absolute copy ..... that he had represented eversharp concern in india since about 1933 and many of their models were produced by him under trade mark 'doric' with their knowledge and consent. he has been in the pen trade for over 25 years and claims to have knowledge and experience of fountain pens.(19) in infields ltd. v. ..... the act, before delivery or sale of any article to which a registered design has been applied, the proprietor shall cause each article to be marked with prescribed mark, or with the prescribed words or figures, denoting that the design is registered; and, if he fails to do so, the proprietor shall not ..... the defendants pen. they assert that even if the design is similar, since the design infringed has become public jurist and become common to the trade, the plaintiff cannot lay exclusive claim over it. they also contend that the plaintiffs design is not capable of registration that it is wrongly remaining .....

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Nov 07 1966 (HC)

M.L. Joshi Vs. Director of Estates, Government of India, New Delhi and ...

Court : Delhi

Decided on : Nov-07-1966

Reported in : AIR1967Delhi86

..... prtoection to the petitioner. the staff of the trade mark registry, including the petitioner had never been declared eligible for government accommodation by the competent authority, namely, the ministry of works and housing. in regard to the competency of the ..... against under the act. it has been expressly averred that the alltoment in favor of the petitioner was initially made under a mistake of fact that the office of the trade mark registry, where the petitioner was at that time employed, was eligible for alltoment of accommodation.this alltoment having been made under a mistake of fact, could nto afford any ..... public premises.(2) according to the petitioner's averments, he is a quasi-permanent employee of the government of india being an upper division clerk in the office of the trade mark registry, government of india, new delhi. he was alltoted the government quarter in question in rama krishna puram, new delhi in january, , 1963, the alltoment to be effective from ..... 1963 when he took its possession. on 19-9-1964, he came to know from a memorandum addressed to the registrar of trade marks, registry office, industrial estate, okhla, by the assistant director of estates, that the staff of trade marks registry had nto been declared eligible for accommodation in the general pool. it was by means of this memorandum that the alltoment of .....

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Oct 05 1966 (HC)

Mysore Kirloskar Ltd. Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Decided on : Oct-05-1966

Reported in : [1968]67ITR23(KAR); [1968]67ITR23(Karn)

..... i must use the phrase, sui generis. it is not easily compared with factory or office buildings, warehouses, plant and machinery or such independent legal rights as patents, copyright or trade marks, or even with goodwill. `know-how' is an ambience that pervades a highly specialised production organisation and, although i think it correct to describe it as fixed capital so long ..... employees for training to the herbert company at england. under clause 8 of the agreement, it is provided that the machines manufactured by the assessee should be sold under the trade mark 'herbert kirloskar'. on the machines the assessee had also to make it clear that the machines were made for and to the designs of alfred herbert limited. all information about ..... comparatively small part was capable of forming the subject-matter of patent right. for some years the company, as a general rule, used its 'know-how' only in its own trade, but during the period 1946 to 1953, as a result of overtures made by certain foreign governments and companies, the company entered into a number of agreements whereby, in consideration ..... lords held that the sums in question should be so included as being part of the receipts of the company's trade; the company was not parting with its assets but trading in them as part of the development of its general trade. 14. while deciding the above issue, it became necessary to consider whether the 'know-how' is a capital asset or .....

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