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Judgment Search Results Home > Cases Phrase: trade marks Year: 2014 Page 1 of about 7,639 results (0.171 seconds)

Jan 03 2014 (TRI)

Crystal Knitters Vs. Swarovski Aktiengesellschaft and Another

Court : Intellectual Property Appellate Board IPAB

Decided on : Jan-03-2014

..... .? 8. however, the applicants counsel insisted that he be heard and necessary directions be given to the registrar for removal of the registered trade mark from the register of trade marks. 9. the learned counsel mr. amerjit singh submitted that the trade mark was crystal glamour? registered under no.1134456 in class 25. the word glamour? was disclaimed and the only word remaining was crystal?. ..... is filed, it is therefore, admitted by the respondents all that was stated in the application. (2) air 1955 s.c. 558 (vol.42, c.n. 85) registrar of trade marks, appellant vs. ashok chandra rakhit ltd., respondent -- if a proprietor has acquired any right by long use of those parts or matters in connection with goods manufactured or sold by ..... renewing the registration. they have also requested to allow the rectification petition. in view of the above statement made by the counsel appearing for the respondents herein before the trade mark registry, we do not think it necessary to go into the merits of the case. 14. accordingly, the application is ordered with a direction to the registrar of ..... applicants and with none else. 3. the applicants have spent huge amount in promoting and popularizing the trade mark. on account of prior adoption, long and continuous use of the trade mark, the trade mark crystal has acquired tremendous reputation and goodwill among the public. 4. the trade mark crystal? during the course of trade has become well known and as such the reputation accrued to the said .....

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Jan 03 2014 (TRI)

M/S. Voltas Limited Vs. Debraj Dey and Another

Court : Intellectual Property Appellate Board IPAB

Decided on : Jan-03-2014

..... , notify in the prescribed manner the correction or amendment made in the application. 11. the registrar is under an obligation to advertise the trade marks in the trade marks journal. section 22correction and amendment- the registrar may, on such terms as he thinks just, at any time, whether before or after ..... ie. the 1st respondent had filed request for amending the date of user and the same has been allowed. the advertisement of the said trade mark has been subsequently published, but the amended date of user has not incorporated. 17. in our considered view, the advertisement is not correct and ..... of application (1) when an application for registration of a trade mark has been accepted whether absolutely or subject to conditions or limitations, the registrar shall, as soon as may be after acceptance, cause the application as ..... , 2003 ie. much before filing of the impugned opposition.? 9. on a plain reading of the impugned order, it is clear that the impugned trade mark advertisement is not in accordance with law. 10. it worthwhile to quote the provisions of section 20 and 22 of the act. section 20 advertisement ..... as since 1st april, 1990? vide order dated 6th june, 2003?) and the application was advertised before acceptance under section 20(1) proviso vide trade marks journal no..mega i vol.d dated 25th august, 2003 at page 392.? i have considered the submissions of both the learned advocates and have .....

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Dec 23 2014 (HC)

Lupin Ltd. and Another Vs. Johnson and Johnson and Another

Court : Mumbai

Decided on : Dec-23-2014

..... under certificate of registration and the trade mark ??lucynta ? was put on the register of trade marks on 9 march 2012. (vi) according to ..... , 1958 (hereinafter referred to as the ??1958 act ? ) and their legislative history. first the definition of the ??registered trade mark ? .section1999 actsection1958 act2(1)(w) ??registered trade mark ? means a trade mark which is actually on the register and remaining in force.2(1)(r) ??registered trade mark ? means a trade mark which isactuallyon the register. in view of the above change in the 1999 act, a person who was ..... trade marks register in the trade marks registry on 18 october 2010 and found no conflicting mark on the register of trade marks or pending application. (iv) on 28 march 2011, the examiner of trade marks issued an examination report that no mark conflicting to the plaintiff's mark was reflected. (v) on 8 august 2011, the trade mark was advertised in the trade marks journal and thereafter the trade mark was registered by the registrar of trade marks .....

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Sep 02 2014 (HC)

Brihan Karan Sugar Syndicate Private Limited Vs. South Konkan Distille ...

Court : Mumbai

Decided on : Sep-02-2014

..... not require any "disclaimer" as under the old act, he is empowered to impose suitable conditions or limitations while accepting the application for registration of a trade mark. when a trade mark contains a device common to trade or is otherwise of a non-distinctive character, the law leaves no doubt that the registration does not confer any exclusive right in the matter forming only ..... not constitute infringement or passing off 32. mr. munshi's submission is that to constitute infringement or passing off, the use by the alleged offender must be of the mark as a trade mark. the mere act of filling bottles is no infringement and therefore section 29(1) of the 1999 act has no application. the defendant makes no claim to being the ..... to the plaintiff, the defendant procured the plaintiff's embossed bottles from secondary markets. this, the plaintiff says, is detrimental to the distinctive character and reputation of the plaintiff's trade mark. it also confuses and deceives consumers (of whom, apparently, there is no shortage) as to the provenance of the liquor. the defendant could not have been unaware of the ..... , i have held for the plaintiff and granted the injunctions sought. 4. the plaintiff claims that in 2001, its predecessor, brihan-maharashtra sugar syndicate ltd. ("bmssl"), adopted a composite trade mark label 'tango punch', in devnagiri script, in respect of its orange- or lime-flavoured country liquor, with a view to distinguish its goods from those of others in the market .....

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Jul 07 2014 (HC)

Medley Pharmaceuticals Ltd. Vs. Twilight Mercantiles Ltd. and Another

Court : Mumbai

Decided on : Jul-07-2014

..... person against whom this allegation is made must be shown to actually have acquiesced for a continuous period of five years in the use of the rival registered trade mark (section 33 of the trade marks act, 1999), i.e., affirmatively encouraged the defendant to worsen his position. this is hardly the case here. the plaintiffs took all necessary steps to ..... taken. ? 25. indeed, as the supreme court said in cadila, there is a supervening public interest that supports a lower threshold of proof to establish confusing similarity where the trade marks in question are being applied to medicinal products. ??drugs are poisons, not sweets. confusion between medicinal products may, therefore, be life threatening, not merely inconvenient. noting the ..... but are sold only to the hospitals and clinics. nevertheless, it is not un-common that because of lack of competence or otherwise, mistakes can arise specially where the trade marks are deceptively similar. in blansett pharmaceuticals co. v. carmick laboratories inc., 25 uspq 2nd 1473 (ttab 1993) it was held as under: ??confusion and mistake is likely ..... since amalgamated with the 1st defendant) decided to manufacture a medicinal and pharmaceutical preparation containing ofloxacin and ornidazole and lactobacillus as its active ingredients. according to the defendants, the trade mark ??o1b ? is a combination of the letter ??o from ofloxacin and letter ??b from lactobacillus. that is unconvincing, especially as to the deployment of the letter b. .....

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May 09 2014 (HC)

Kamani Oil Industries Pvt. Ltd. Vs. Bhuwaneshwar Refineries Pvt. Ltd.

Court : Mumbai

Decided on : May-09-2014

..... 'riso' being an italian word meaning 'rice' in english. the plaintiff has stated that the defendant itself has filed an application for the registration of the impugned trade mark before the registrar of trade marks and hence it cannot argue that the same is generic/descriptive. the plaintiff relied on the following judgments wherein it has been held that when the defendant itself ..... applies for registration of a trade mark, it cannot argue subsequently that the same is descriptive/ generic. a) automated electric limited vs r.k. dhawan and anr. (1999 ptc (19) 81) b) indian hotels company ltd. ..... also deals in specialty oils which have a health-conscious customer base in niche markets across india. the plaintiff has been manufacturing and marketing its rice bran oil under the trade mark 'riso' which is described by the plaintiff as the worlds healthiest? edible oil or the healthy heart oil? having unique properties with neutraceutical values and is rich in oryzanol ..... the companies act 1956, engaged inter alia in the business of manufacturing and marketing edible oils of all kinds. the plaintiff has through its predecessor kamani oils been using the trade mark kamani in respect of edible oils, vegetable oils and fats and other like goods since the last nearly five decades. 2. the defendant is an existing company incorporated under .....

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Jan 28 2014 (HC)

Wockhardt Limited Vs. Eden Healthcare Pvt. Ltd.

Court : Mumbai

Decided on : Jan-28-2014

..... (b) the application has been opposed and the opposition has been decided in favour of the applicant, the registrar shall, unless the central government otherwise directs, register the said trade mark and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed ..... bench of this court in cadilapharmaceuticals ltd. vs. sami khatib of mumbai and others (2011 (3) bom. c.r. 587), wherein it is held that, 50. section 56 of the trade marks act, 1999, reads as under: . dr. tulzapurkar submitted that the point has been considered by a division bench of this court to which one of us (s.j. vazifdar, j ..... to be the proprietor of the same. section 18 (1) of the act reads as under: 18. application for registration (1) any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the registrar in the prescribed manner for the registration of his ..... be relied upon to maintain an action for infringement. section 28 of the act gives to the registered proprietor of the trade mark, the exclusive right to "use" the trade mark in relation to the goods or service in respect of which the trade mark is registered and to obtain relief in respect of infringement thereof in the manner provided by the act. section 29 enumerates .....

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Jan 21 2014 (HC)

Charak Pharma Pvt. Ltd. Vs. Glenmark Pharmaceuticals Ltd.

Court : Mumbai

Decided on : Jan-21-2014

..... and 'microtel' in j.r. kapor vs. micronix india (1994 (suppl.) (3) scc 215). 10.9 the defendant has also relied on a passage from kerly'slaw of trade marks and trade names, page 416, chapter 1720 : importance of first syllable, wherein it is stated that it has been accepted in several reported cases that the first syllable of a word ..... have unpleasant if not disastrous results. in the words of the hon'ble supreme court, "public interest would support lesser degree of proof showing confusing similarity in the case of trade marks in respect of medicinal products as against other non-medicinal products. drugs are poisons, not sweets. confusion between medicinal products may, therefore, be life threatening, not merely inconvenient". ..... provision for mistake since even a possibility of mistake may prove to be fatal. 32. public interest would support lesser degree of proof showing confusing similarity in the case of trade mark in respect of medicinal products as against other non-medicinal products. drugs are poisons, not sweets. confusion between medicinal products may, therefore, be life threatening, not merely inconvenient ..... ltd. vs. croydon chemical works pvt. ltd., bombay and anr.(2002 (25) ptc 351 (bom)); (vi) 'crofen' and 'brufen' in boots company pic, england and anr. vs. registrar of trade marks, mumbai and anr.(2002 (25) ptc 784); (vii) 'betaloc' and 'betalong' in astraidlltd. vs. ttk pharma ltd.(air 1992 bombay 35 (1)); (viii) 'pantodac' and 'pantobloc' in cadilahealthcare .....

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Sep 16 2014 (HC)

Neon Laboratories Ltd. Vs. Themis Medicare Ltd. and Another

Court : Mumbai

Decided on : Sep-16-2014

..... exception. an incorrect product mistakenly used might well be fatal. there is an overarching public interest that requires a lower threshold of proof of confusing or deceptive similarity where the trade marks in question are applied to pharmaceutical products: ??drugs are poisons, not sweets ? , as the cadila court said. a life threatening confusion is not a mere inconvenience. 26 ..... which in the opinion of the registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as ..... use of deceptively similar trade marks xylox 2%, xylox heavy, xylox gel, xylox adrenaline, xylox 2% jelly ( ??the xylox family ? ), and that the defendants are attempting to pass off their goods as those of the plaintiff ..... passing off. the plaintiff manufactures, markets and sells various pharmaceutical goods. the 1st defendant markets the pharmaceutical products manufactured by the 2nd defendant. 2. the plaintiff claims that its registered trade marks, lox 2% adrenaline, lox 4%, lox 5%, lox heavy 5%, lox viscous, loxalprin, loxalpry, loximla, plox and rilox ( ??the lox family ? ), have been infringed by the defendants .....

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Sep 02 2014 (HC)

Brihan Karan Sugar Syndicate Pvt. Ltd. Vs. Lokranjan Breweries Pvt. Lt ...

Court : Mumbai

Decided on : Sep-02-2014

..... found to be vending its own distillations in the plaintiffs embossed bottles. therefore, the plaintiff says, the defendant must be restrained from using bottles with the trade mark tango or any other mark with the mark tango in respect of country liquor. the claim is based on the registration of tango punch, of which tango is said to be an essential feature ..... to the plaintiff, the defendant procured the plaintiffs embossed bottles from secondary markets. this, the plaintiff says, is detrimental to the distinctive character and reputation of the plaintiffs trade mark. the defendant could not have been unaware of the plaintiffs products or reputation: the plaintiffs products are sold across maharashtra. the plaintiffs claim in suit is based on the ..... where necessary. 7. this is not the first time these parties have crossed swords. in 2005, the defendant applied to the state excise authority for approval of a trade mark label tango charlie. the plaintiff filed an objection. the objection was rejected by an order dated 23rd september 2005. later, the plaintiff found some country liquor manufacturers using ..... the defendant. i have, therefore, granted the injunction sought. 5. the plaintiff claims that in 2001, its predecessor, brihan-maharashtra sugar syndicate ltd. ( ??bmssl ? ), adopted a composite trade mark label ??tango punch, in devnagari script, in respect of its orange- or lime-flavoured country liquor, with a view to distinguish its goods from those of others in the market .....

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