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Judgment Search Results Home > Cases Phrase: trade marks Year: 1968 Page 1 of about 1,011 results (0.077 seconds)

Oct 24 1968 (HC)

J. and P. Coats Ltd. Vs. Gurcharan Singh and Brothers and anr.

Court : Punjab and Haryana

Decided on : Oct-24-1968

Reported in : AIR1969P& H290

..... for passing off goods as the goods of another person, or the remedies in respect thereof. section 28 enumerates the rights conferred by registration of a trade-mark.the 1958 act has replaced the trade-marks act, 1940, which has been repealed under section 136 of the 1958 act. sub-section (4) of section 136 provides that notwithstanding anything contained ..... of khatau makanji, spinning and weaving company limited, of messrs. petlad turkey red dye works company limited, and of messrs. aryadaya ginning and manufacturing company, ahmedabad, the trade-marks of all of which business concerns contained the device of elephant. the witness admitted the said fact, but added that though the application of messrs. vishram bhagwandas and ..... the plaintiff filed this suit in the principal civil court of original jurisdiction at amritsar to restrain the respondents, their partners, employees, representatives, agents and servants from using their trade-mark 'jagjit hathi brand' in respect of sewing threads of all kinds manufactured, sold, distributed or dealt with by the respondents, and to direct the respondents by a mandatory ..... , additional district judge, amritsar, dated august 4, 1958, dismissing the plaintiff's suit for a permanent injunction and accounts arising out of the alleged infringement of two registered trade-marks of the appellant are these:messrs. j. and p. coats limited, an english company having its registered office in glasgow, scotland (hereinafter called the plaintiff), has for .....

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Jun 17 1968 (HC)

B.S. Ramappa and anr. Vs. V.B. Monappa and anr.

Court : Chennai

Decided on : Jun-17-1968

Reported in : AIR1970Mad156

..... he filed an application, o.p. no. 65 of 1954 in this court under section 46 of the trade marks act of 1940 for rectification of the register of trade marks by the removal of the trade mark (no. 126612) which had been registered with effect from 1946 in the name of b. s. ramappa, ..... celebrated '4711 eau-de-cologne,' rueter co., ltd. was a company in england and it claimed to have been rightly registered as proprietors of the trade mark '4711' in england, and brought the action against the defendant for some reliefs based on that allegation. before the outbreak of the ii world war ..... use, in relation to the same goods or description of goods, of trade marks nearly resembling each other or of identical trade marks, if, having regard to the similarity of the goods and of the trade marks, the use of the trade marks in exercise ot those rights would be likely to deceive or cause confusion.' ..... . where, as here, another party in the same way of business had already put forward a claim to be the proprietor or the identical trade mark and had withdrawn the application for registration merely to avoid controversy and expense, it seems to be impossible to hold that the party who had ..... the claimant to make out that he is the proprietor, because the section speaks of the registrar permitting registration by more than one proprietor of trade marks which are identical or nearly resemble each other in the case of honest, concurrent use or other special circumstances.section 18 under which the .....

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Apr 24 1968 (HC)

Prem N. Mayor and ors. Vs. Registrar of Trade Marks and ors.

Court : Kolkata

Decided on : Apr-24-1968

Reported in : AIR1969Cal80

..... and the rules made thereunder emphasise certain broad principles and features. the applicant for registration has certain duties and onus to discharge while making an application for registration of a trade mark. sections 8 to 14 of the act indicate the requisites for registration and the limitations for application. the applicant for registration has to prima facie satisfy the registrar that ..... with four arms would avoid any risk of identity or deceptive similarity or confusion.10. both the decision of the dy. registrar and learned counsel appearing for the registrar of trade marks before me have relied on the unreported judgment of the bombay high court in prabhudas bhaichand v. tribhubandas kusaldas, a decision of shah, j., delivered on january 12, 1961 ..... for guidance showing what kinds of evidence or considerations should influence the court in coming to the conclusions but they are of no further help. it is a caution in trade mark law which is frequently missed and yet of central significance. distinctiveness being primarily a matter of fact, evidence can be given regarding distinctiveness in fact. there are no narrow ..... the designation of the goods to 'chaffcutter blades' and to disclaim the letters 'ma'. the application so amended was advertised as accepted subject to opposition. the advertisement appeared in trade marks journal dated the 21st january, 1962. a notice of opposition was filed on the 20th march, 1962, by the appellant. when i say the opposition was filed by the .....

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Nov 22 1968 (HC)

Wearwell Cycle Co. (India) Limited Vs. Wearwell Industries and anr.

Court : Delhi

Decided on : Nov-22-1968

Reported in : 5(1969)DLT469

..... e wav.ered between two conceptions of a passing-off action - as a remedy for the inv.asion of a quasi-proprietary right in a trade name or trade mark, as a remedy, analogous to the action on the case for deceit, for inv.asion of the personal right nto to be injured by ..... and the english company after the incorporation of the indian company. legally speaking, thereforee, the indian company cannto base its claim to the trade-mark 'wearwell' on the agreement entered into by its promtoors with the english company. this does nto mean howev.er, that shri k. c. aggarwal ..... fact that shri k. c. aggarwal, the predecessor in-title of the defendant, was himself a director of the plaintiff-company which used - the trade-mark 'wearwell' in pursuance of the agreement entered into with the english company. it is true that the agreement contemplated a fresh agreement between the indian company ..... english company, which has been manufacturing wearwell cycles for many years past. the good-will and reputation of the english company in respect of this trade mark was so great that the promtoors of the plaintiff-company including shri k. c. aggarwal, father of defendant no. 2, thought it worthwhile to ..... suit no. 3 of 1966 on 26/10/1966. the plaintiff av.erred that from the end of 1954, it has been manufacturing cycles under the trade mark 'wearwell' in four different models, v.iz-; popular wearwell, super delux wearwell, delux wearwell and super jet wearwell. since february, 1966, however, the .....

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Jul 01 1968 (HC)

Maturi Umamheswara Rao and ors. Vs. Pendyala Venkatrayudu and ors.

Court : Andhra Pradesh

Decided on : Jul-01-1968

Reported in : [1970]40CompCas751(AP)

..... or a licence under a patent, on a trade mark, or on a copyright or a licence under copyright. sub-section (8) provides the holding of debentures entitling the holder to a charge on immovable property shall not, for the ..... 7 1/2% per annum, and that they will have the first charge on all the assets of the company viz., land, buildings, plant and machinery, manufactured goods, stock in trade, raw materials, debts owing to the company, and bank balances. it also provided that if within one month from that date the necessary resolution authorising the issue of debentures was ..... ; (e) a charge, not being a pledge, on any movable property of the company; (f) a floating charge on the undertaking or any property of the company including stock-in-trade; (g) a charge on calls made but not paid; (h) a charge on a ship or any share in a ship; (i) a charge on good will, on a patent .....

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May 28 1968 (HC)

imperial Tobacco Co. of India Ltd. Vs. Registrar of Trade Marks and an ...

Court : Kolkata

Decided on : May-28-1968

Reported in : AIR1968Cal582,73CWN169

..... distinguishing the second feature which the tribunal may regard under section 9(5)(a) of the act is where by a reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish or is in fact capable of distinguishing, as aforesaid. even applying these illustrative tests in section 9(5) (a) or ..... clear that it is to be observed that the use which the tribunal is authorised to take into consideration is use of the trade mark applied for as a trade mark; therefore, where there has been no actual use as a trade mark although there may have been use in other ways, the court cannot, it would seem, take into consideration such other use and in ..... distinctiveness has existed, are in my opinion insufficient to displace the opinion on more general grounds.' the learned editor of the 9th edition of kerly on the law of trade marks and trade names in paragraph 286 and pages 144-45 has also emphasised both the elements of area and time to acquire distinctiveness. it has been said there that an applicant is ..... present appeal before me. 43. in summarising the legal position on this point of geographical names and distinctiveness, the learned editor of the 9th edn. of kerly's law of trade marks and trade names at p. 400 and para 758 analyses the cases as falling under two categories. in the first place, there is a class of cases 'where the question is .....

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Jun 17 1968 (HC)

B.S. Ramappa and anr. Vs. B. Monappa, Trading as Indian National Tile ...

Court : Chennai

Decided on : Jun-17-1968

Reported in : (1969)2MLJ38

..... did not stop with this. he filed an application, o.p. no. 65 of 1954 in this court under section 46 of the trade marks act of 1940 for rectification of the register of trade marks by the removal of the trade mark (no. 126612) which had been registered with effect from 1946 in the name of b.s. ramappa, on the ground that the registration ..... cologne, germany, dealing in the celebrated '4711 eau-de-cologne.' reuter co., ltd., was a company in england and it claimed to have been rightly registered as proprietors of the trade mark ' 4711 ' in england, and brought the action against the defendant for some reliefs based on that allegation. before the out-breack of the iind world war in 1939 between england ..... which, if questioned, can be substantiated. where, as here, another party in the same way of business had already put forward a claim to be the proprietor of the identical trade mark and had withdrawn the application for registration merely to avoid controversy and expense, it seems to be impossible to hold that the party who had by opposition secured that result ..... (3) it is necessary for the claimant to make out that he is the proprietor, because the section speaks of the registrar permitting registration by more than one proprietor of trade marks which are identical or nearly resemble each other in the case of honest, concurrent use or other special circumstances. section 18 under which the application has to be made no .....

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Jun 06 1968 (HC)

Aktiebolaget Jonkoping Vulcan Vs. V.S.V. Palanichamy Nadar and ors.

Court : Kolkata

Decided on : Jun-06-1968

Reported in : AIR1969Cal43,73CWN347

..... the one hand and the respondent on the other but between the public and the respondent. see kerly, 9th edition on the law of trade marks and trade names, paragraph 383 and the decisions noted there of noblitt sparks industry's application, (1950) 68 rpc 168. it is therefore not necessary ..... statutory conditions under the indian trade mark and merchandise marks act, 1958. 28. it is, therefore, clear that the biggest handicap for the appellant is that in all these cases which have ..... can be explained by many causes is not enough but it has got to be supported by an intention to abandon the trade-mark or its use before the registered trade-mark is cancelled. secondly, it lays down the type and nature of evidence from which the intention has to be inferred one ..... . i am therefore of the opinion, both on the interpretation of the indian statute and on principle, that registration of the 'three stars' trade mark of the swedish match company in foreign or convention countries, cannot help the appellant in this appeal, on the question of indian registration and its ..... an application filed on the 5th september 1963 by the madras match company for rectification of the register by expunging therefrom the entry relating to trade mark no. 93017 registered in class 34 originally in the name of jon-koping och vulcans tandstickfabriksaktiebolag now changed into the appellant's name. .....

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May 14 1968 (HC)

Mac. Laboratories Private Ltd. Vs. American Home Products Corporation ...

Court : Kolkata

Decided on : May-14-1968

Reported in : AIR1969Cal342

..... by a proxy which is not a statutory proxy recognised by the statute. that is exactly what opens the doors of trafficking in trade mark, which the trade mark law intends to prevent, it also creates the difficult situation that such agents are not within the control of the registrar or any ..... policy of the act which is to prevent 'trafficking in trade marks'.29. 'trafficking in trade marks' is therefore one of the anxious concerns of the trade mark law. it is one of the major concerns of the trade marks act not to permit trafficking in trade marks not only in the interests of the persons directly alfected ..... in this country. india as an economic market, both present and prospective, has to bo legally protected so far as trade mark is concerned! to allow trafficking in trade marks in any shape or form or under any cover would be disastrous for indian economy. that is the reason as i ..... the points made in this appeal:--'wherever it can be shewn, as here, that the applicant is in the same trade as the person who has registered the trade mark, and wherever the trade mark, if remaining on the register, would, or might, limit the legal rights of the applicant, so that by ..... geoffrey manners and co. ltd., and the respondent american, company is that the former undertakes to manufacture in india these medicinal preparations under the trade mark 'dristan'. on the 23rd september 1960 geollrey manners and co. ltd., made an application to the ministry of commerce and industry, government of india .....

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Apr 19 1968 (HC)

Hariprasad Lal Chand Vs. Nanoo Khan HussaIn Bux

Court : Madhya Pradesh

Decided on : Apr-19-1968

Reported in : AIR1968MP234; 1968CriLJ1435; 1968MPLJ590

..... average intelligence and of imperfect recollection18. applying these principles and tests to the present case, there is no escape from the conclusion that the accused imitated the complainant's registered trade mark. the most important features of resemblance are the figure of the flower the hand that hold? it and the design and the colour scheme as a whole. we are firmly ..... similar, the dissimilarity goes for nothing;. . . 'in the upper assam tea co. v. herbert & co., (1890) 7 r. p. c. 183, where both the plaintiff and the defendant had registered trade mark consisting of an elephant for tea and coffee respectively cotton, lj., observed at p 186 --'i think there is here sufficient similarity, i do not say that the plaintiffs can ..... that he acted without intent to defraud, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. thus, falsely applying a trade mark, which was formerly an offence under section 482, penal code, is now punishable under section 78 of the act.9. shri usmani, learned counsel for the respondent, laid a great ..... smokers of all classes. looking to the great demand of taza phool bidis manufactured by the complainant-firm the accused of late started using a label 'tai phool', counterfeiting the trade-mark of the complainant-firm with the intention to practice deception upon the purchasers. the figure of flower on the label used by the accused fully resembles the one appearing on .....

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