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Sep 09 2004 (TRI)

Ramesh L. Vadodaria Vs. Assitant Registrar of Trade Marks and Another

Court : Intellectual Property Appellate Board IPAB

(Circuit Bench Sitting at Delhi) S. Jagadeesan, Chairman 1. The appellant has filed this appeal against the Order of the Assistant Registrar of Trade Marks, dated 11,7.1994, arising out of a suo-motu proceeding initiated by him under Section 56(4) of the Trade and Merchandise Marks Act, 1958, (hereinafter referred to as the Act), for rectification of the registered Trade Mark No. 415740 in class 83 in the name of Sri Madhukar L. Vadodaria, Shri Hiten J. Patel and Mrs. Indra A. Lakhani, trading as M/s. Electro Appliances, and in the matter of assignment thereof in the name of Shri Ramesh L. Vadodaria, vide entry dated 18.1.1994, on the Register of Trade Marks. 2. The case of the appellant is that the Trade Mark "CRYSTAL" registered under No. 415740, in respect of spoons, forks, kitchen knives and other table cutlery of all kinds included in Class 8 was registered in the name of S/Shri Madhukar L. Vadodaria, Hiten J. Patel and Mrs. Indira A. Lakhani, trading as M/s. Electro Appliances. T...

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Sep 09 2004 (TRI)

Aggarwal Sweet Palace and Others Vs. Assistant Registrar of Trade Mark ...

Court : Intellectual Property Appellate Board IPAB

(Circuit Bench Sitting at Delhi) Raghbir Singh, Vice-chairman 1. CM(M) No. 418/94, CM (M) No. 419/94, CM(M) No. 454/94 and CM(M) No. 99/95 filed in the High Court of Delhi have been transferred to this Board in terms of Section 100 of the Trade Marks Act, 1999 and have been numbered as T.A. Nos. 94, 95, 97 and 104/TM/DEL respectively. 2. Transferred Appeal Nos. 95 and 104 relate to an application filed by the respondent M/s Aggarwal Sweet Corner vide application No. 453309 for registration of trade mark 'Aggarwal Sweet Corner' in class 30 in respect of sweets and namkeens. The mark was claimed to be used since 1.6.84. The mark was advertised in the Trade Mark Journal No. 980 dated 1.4.90 at page 55 in due course, subject to the disclaimer of the word 'Corner' and subject to association with applicant's already pending mark No. 453308. The appellant in Appeal No. TA/95 filed opposition No. DEL 6766 opposing the registration of the trade mark on the grounds of Sections 9, 11(a), 11(e) an...

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Sep 08 2004 (TRI)

Cadila Laboratories Limited Vs. Burroughs Wellcome India Ltd. and Anot ...

Court : Intellectual Property Appellate Board IPAB

(Circuit Bench Sitting at Ahmedabad) Raghbir Singh, Vice-Chairman 1. Appeal No. 5 of 1995 filed in the High Court of Gujarat at Ahmedabad has been transferred to this Board in terms of Section 100 of Trade Marks Act, 1999 and has been numbered as TA. No. 254/2004. 2. Appellant M/s Cadila Laboratories Ltd., Ahmedabad filed an application for registration of trade mark 'CYCLOVIR' in Part A of the Register of Trade Marks vide Application No. 483818 on 5.1.88 in respect of pharmaceutical and medicinal preparations included in class 5. The applicant claimed user of the mark applied for as proposed to be used. In due course of time the application was advertised in the Trade Mark Journal No. 1026 dated 1.3.92 at page 1479. M/s Burroughs Wellcome India Limited, Bombay the first respondent herein filed an opposition to oppose the registration of the mark applied for on the ground of its violation of Sections 9, 13 and 18(1) of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to ...

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Sep 08 2004 (TRI)

Vimal Mills (India) Vs. Harish Textile Mills and Another

Court : Intellectual Property Appellate Board IPAB

S. Jagadeesan, Chairman1. The Appellant has preferred this appeal against the order of the Assistant Registrar of Trade Marks, dated 8.12.1994, dismissing an interlocutory application filed by the appellant raising by way of preliminary objection, the maintainability of the rectification proceedings initiated by the Registrar. The facts of the case are as follows:2. The appellants are the registered proprietors of Trade Mark "44" registered under No. 418718, in class 23. The first respondent herein filed rectification application under Section 56(1) of the Trade and Merchandise Marks Act, 1958, (hereinafter referred to as the Act), for removal of the registration of the appellant, before the Registrar of Trade Marks, Ahmedabad. It was numbered as AMD-7. After due notice, the appellant filed interlocutory application to dismiss the rectification petition on the ground that the Registrar has no jurisdiction to entertain the rectification application in view of the pendency of the suit on...

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Sep 08 2004 (TRI)

Voltas Limited Vs. Waltex India Another

Court : Intellectual Property Appellate Board IPAB

S. Jagadeesan, Chairman 1. The appellant has filed this appeal against the order of the Assistant Registrar of Trade Marks, dated 7.9.1994, rejecting the application filed by the appellant for rectification of the Trade Mark No. 255522 in Class 7 in the name of M/s. Waltex India. S/Shri U.J. Mehta and K.N. Kurani, trading as M/s. Waltex India, registered their Trade Mark 'WALTEX' by filing an application as early as 20.3.1969. The appellant herein filed an application in Form TM-26, dated 10.3.1980, for rectification of the said trade mark contending that the registration of the said trade mark is contrary to the provisions of Sections 11(a) and 12(1) of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act). In short, the claim of the appellant is that the registered trade mark of the respondent 'WALTEX' is phonetically and visually similar to that of the registered trade mark of the appellant 'VOLTAS', and as such, the respondent's trade mark 'WALTEX' was wron...

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Sep 08 2004 (TRI)

Aesculapius Remedies (P) Ltd Vs. Aesculapwerke

Court : Intellectual Property Appellate Board IPAB

Raghbir Singh, Vice-Chairman 1. An Appeal No. 11/1996 was filed in the High Court of Gujarat at Ahmedabad. The same has been transferred to this Board in terms of Section 100 of the Trade Marks Act, 1999 and has been numbered as TA/266/2004. 2. An application bearing No. 436533 for registration of word mark 'AESCULAPIUS' for the goods 'Medicinal and Pharmaceutical preparations' in Class 5 was filed by the appellant on 16.4.1985. The mark was proposed to be used on the date of application. The application, after having been accepted, was advertised in Trade Marks Journal No. 933, dated 16.4.1988 at page 80. The respondent filed his notice of opposition in Form TM 5 stating that it is the registered proprietor of trade mark 'AESCULAP' under No. 285347 dated 12.1.1973 in class 30 in respect of 'Instruments, apparatus and appliances included in class 10 for neuro-surgical, surgical, medical, hygenical and veterinary purposes as well as for the dentistry and for animal husbandry and treatme...

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Dec 23 2003 (TRI)

Reliance Industries Limited, Mumbai Vs. Games Knitting Co., Tirupur

Court : Intellectual Property Appellate Board IPAB

S. Jagadeesan, Chairman 1. The appeal is directed against the order of the Assistant Registrar of Trade Marks, Chennai dated 18.1.96 overruling the objection of the appellant in the matter of Application No. 380935 in Class 25 filed in the name of Chennai Pandaram Arunachalam, Chennai Pandaram Krishnan, trading as M/s. Games Knitting Company, the respondent herein. The respondent engaged in the business of Hosiery including banians, knitted underwears, jatties, etc., trading in the name and style of M/s, Games Knitting Company, having their registered office at 19/B (2), P.N. Road, Tirupur, Coimbatore District. They filed an application for registration of the 1 able mark consisting of a device of a pair of human lips alongwith the word 'AIMLA' under Application No. 380935. The respondent claimed that they are using the said mark from 12.8.81. When the application of the respondent was accepted and notified, the appellant herein opposed the same by entering an opposition on the ground ...

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