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

Court : Mumbai

Subject : Intellectual Property

Act and the Designs Act there is no provision similar to the provision contained in Section 31(1) of the Trade Marks Act, 1999. This is one more instance to show that the legislature did not intend that the question of validity … a civil court trying an infringement action should consider the plea of invalidity of registration at any stage. Section 28 confers an exclusive right on the registered proprietor to use the mark and also to prevent others from

Rana Steels Vs. Ran India Steels Pvt. Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 29; Trade Marks Act, 1999 - Sections 7, 9, 11, 11(1), 12, 28, 28(1), 28(3), 29, 29(4), 30(2), 31, 57, 134(2) and 159(2); Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rules 1, 2 and 4; Trade Marks Rules, 2002; Trade and Merchandise Marks Rules, 1959; Trade Marks Rules, 2002 - Rule 22

Reported in : 2008(102)DRJ503; LC2008(3)62; 2008(37)PTC24(Del)

1958 was in operation, the actual registration was done on 03.03.2006 and in view of Section 159(2) of the Trade Marks Act, 1999, it would be deemed to be a registration under the said Act of 1999.3. It was also stated … the defendant has a registration in respect of the trademark 'RANA tor'. He submitted that in view of Section 28(3) of the Trade Marks Act, 1999, there is a complete bar in respect of filing a suit by

Ranbaxy Labratories Limited Vs. Universal TwIn Labs

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 28 and 29; Trade Marks Rules; Code of Civil Procedure (CPC) , 1908 - Order 40, Rule 1

Reported in : 2008(3)ALLMR124; 2008(3)BomCR160; (2008)110BOMLR400; LC2008(1)266; 2008(36)PTC675(Bom)

right to use the mark and an entitlement to sue for infringement under Sections 28 and 29 of the Trade Marks Act, 1999. The Defendant commenced business well over a decade after the Plaintiff. Even according to the Defendant, the mark … upon the Plaintiff, the exclusive right to use the mark and an entitlement to sue for infringement under Sections 28 and 29 of the Trade Marks Act, 1999. The Defendant commenced business well over a decade after

Bsa-regal Group Ltd. Vs. Tube Investments of India Ltd. Rep. by Its Vi ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 28 and 134(2); Letters Patent Act; Merchandise Marks Act, 1958 - Sections 28, 29, 29(4), 30, 34 and 35

Reported in : LC2009(1)25

Matched in: Advocate C.A. Sundaram, Sr. Counsel for A.A. Mohan, Adv. Kasthuri Rangan, Sr. Counsel for Rights & Marks

Amaravathi Enterprises Rep. by Its Partner Mr. A. Ravikumar Reddy Vs. ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Specific Relief Act; Trade Marks Act, 1999 - Sections 28 and 34

Reported in : LC2008(2)228; 2008(36)PTC688(Mad)

and other modes adopted for promotional sales also assumes significance. The reason being that the statutory presumption under Section 28 of the Trade Marks Act, 1999 loses its significance once prior user as provided under Section 34 of … of service mark could not be obtained prior to September, 2003 as the inclusion of service mark in the Trade Marks Act, 1999 took place only in September, 2003.18. The documents produced by the appellant in respect of advertisements cannot be

M/S Mahashian Di Hatti Ltd. Vs. Mr. Raj Niwas, Proprietor of Mhs Masal ...

Court : Delhi

Subject : Trade Marks

Acts : Trade Marks Act, 1999 - Sections 28, 29(1)

Ex.PW-1/16 is the registered label/packaging of the plaintiff in respect of Shahi Paneer masala. 8. Section 28 of Trade Marks Act, 1999 gives to the registered proprietor of the trade mark the exclusive right to the use of the trade

Greaves Cotton Limited Vs. Mr. Mohammad Rafi and ors.

Court : Delhi

Subject : Trade Marks

Acts : Trade Marks Act, 1999 - Sections 28, 29(1)

are exactly of the same type as are the pumps of the plaintiff company. 10. Section 28 of Trade Marks Act, 1999 gives to the registered proprietor of the trade mark the exclusive right to the use of the trade

Micolube India Ltd. Vs. Maggon Auto Centre and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 27(2), 28, 28(1), 28(3), 30(1), 31, 33 and 106; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4

Reported in : 150(2008)DLT458; LC2008(1)294; 2008(36)PTC231(Del)

cannot be granted against the defendant No. 2 in view of the specific provisions of Section 28(3) of the Trade Marks Act, 1999. It was contended that the plaintiff being the holder of the registered trade mark MICO could not seek

Wyeth Holdings Corporation and anr. Vs. Burnet Pharmaceuticals (Pvt.) ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Mark Act, 1999 - Sections 2(1), 28(1), 29(1), 30, 30(2) and 31(1)

Reported in : AIR2008Bom100; 2008(2)ALLMR405; 2008(2)BomCR739; (2008)110BOMLR409; LC2008(1)275; 2008(36)PTC478(Bom)

mark of the Plaintiffs.8. At the outset, it would be necessary to advert to the relevant provisions of the Trade Marks Act, 1999. Section 28(1) of the Act confers upon the registered proprietor of a trade mark, the exclusive right - upon

Kores (India) Limited Vs. Whale Stationery Products Ltd.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 1(2), 2, 28, 28(1), 29 and 34; Indian Trade and Merchandise Marks Act, 1958 - Sections 33 and 46

Reported in : (2008)110BOMLR276; 2008(3)MhLj523; LC2008(1)155; 2008(36)PTC463(Bom)

before the Court on the application for interim relief, it is necessary to advert to the provisions of the Trade Marks Act, 1999. Under Section 28(1) of the Act, the registration of a mark entitles the registered proprietor to the exclusive