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Samsung Electronics Company Limited and Another Vs. Kapil Wadhwa and O ...

Court : Delhi

Subject : Land Acquisition

plaintiffs to India amounts to infringement of the trade mark within the meaning of Section 29 of the Trade Marks Act, 1999. In this context, Mr. Anand has read and relied on Section 29 of the Trade Marks Act, 1999 … imports or exports goods under the sign; or d) uses the sign on business papers or in advertising. Section 12 Exhaustion of rights conferred by registered trade mark (1) A registered trade mark is not infringed by the

Pfizer Products Inc. Vs. Rajesh Chopra and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademarks Act, 1999 - Sections 2(1), 2(2), 30(2), 31, 32, 34, 37, 38, 38(2), 47, 47(1), 124, 124(1) and 124(5); Trademark and Merchandise Marks Act, 1958 - Sections 2(2), 18, 46, 46(1), 46(3), 47, 107, 111, 111(1) and 111(5); Trade Marks Registration Act, 1875 - Sections 12(3); Drugs and Cosmetics Act, 1940 - Sections 17B; Code of Civil Procedure (CPC) , 1908 - Sections 20 - Order 7, Rules 10 and 11 - Order 39, Rules 1 and 2

Reported in : LC2007(2)323; 2007(35)PTC59(Del)

their plea of the invalidity of the registration of the mark of the Defendant. Section 124 of the Trade Marks Act, 1999 is similar to the Section 111 of the Trade and Merchandise Marks Act, 1958. Under the Trade and … Counsel appearing for the Registrar of Trade Marks, that I should exercise my discretion under Sub-section (3) of Section 12 of the Act and order concurrent registration of the word 'Monarch' both in favor of the petitioner corporation

Society Des Products Nestle S.A. and anr. Vs. Satya Prakash Maheshwari ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 135; Evidence Act, 1872 - Sections 58; Code of Civil Procedure (CPC) - Order 12, Rule 6 - Order 14, Rule 1

Reported in : LC2009(1)311

well as rendition of accounts qua the respondents. 'The Learned Single Judge referred to Section 135 of the Trade Marks Act, 1999 and came to the conclusion that as the respondent No. 1 was a small operator inasmuch as the … responded to the notice issued by the Court and on the very first day i. e. on 14. 12. 2006 the respondent Nos. 2 and 3 made a statement before the Court that they were functioning as

Creative Tours and Travels (India) Private Limited Vs. Intellectual Pr ...

Court : Mumbai

Subject : Service Tax

tours and travel arrangements, manpower consultancy and recruitment. 4. Respondent No.1 is a statutory authority constituted under the Trade Marks Act, 1999. Respondent No.2 is the Registrar of Trade Marks, Trade Marks Registry, Mumbai. The Registrar has registered a trade … That reads as under :- "11. Relative grounds for refusal of registration. - (1) Save as provided in section 12, a trade mark shall not be registered if, because of - (a) its identity with an earlier trade

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

Court : Mumbai

Subject : Intellectual Property

Ltd. in 1956. This is no defence at all. It is immediately defeated by Section 28(3) of the Trade Marks Act, 1999 (“the Act”): “28. Rights conferred by registration.- (1) Subject to the other provisions of this Act, the registration … by way of permitted use) as he would have if he were the sole registered proprietor.” (Emphasis supplied) 14.Section 12 of the Act says: Section12-Registration in the case of honest concurrent use, etc. In the case of honest

Qrg Enterprises and anr. Vs. Surendra Electricals and ors.

Court : Delhi

Subject : Commercial

Acts : Companies Act, 1956; Trade and Merchandise Marks Act, 1958 - Sections 2, 12 and 30(2); Trade Mark Act, 1999 - Sections 29(5); Code of Civil Procedure (CPC) - Sections 11 - Order 2, Rule 2 - Order 39, Rules 1 and 2

Reported in : 120(2005)DLT456; 2005(30)PTC471(Del)

Mark No. 167484 in respect of Electric Lamp Holders with or without Shade Carrier Rings and in the Trade Marks in the pending application Nos. 272378 and 272379, pending with the Registrar of Trade Marks, Delhi, in respect … CPC.21. Shri Mukul Rohtagi, learned senior counsel appearing for the plaintiffs urged the following points:(i) Trade and Merchandise Marks Act 1958 was in force in the year 1971 when assignment of the mark/name 'HAVELL'S' took place. Section 2(j) … urged that delay was irrelevant.(iv) Provision equivalent to sub section 5 of Section 29 of the Trade Mark Act 1999 was not there in the 1958 Act. This legislative provision gives a new cause of action to the … a second time.(vii) Right under Section 29(5) of the T.M. Act 1999 was subject to Section 30(2)(c)(i) and Section 12 of The T.M.Act,1999 i.e. it could be lost due to acquiescence and/or concurrent user.23. Let me deal at

B. Mohamed Yousuff Vs. Prabha Singh Jaswant Singh, Rep. by Its Power o ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 11, 12, 12(2), 25, 25(1), 25(2), 25(3), 30(2), 38, 42, 45, 45(1), 46, 47, 47(1), 50, 56, 57, 57(1), 57(2), 83, 84, 92, 93, 107, 108(3), 109(2), 109(4), 109(5), 124, 124(1), 124(2) to 124(5) and 125; Administrative Tribunals Act - Sections 28; Trade and Merchandise Marks Act, 1958 - Sections 108(2), 108(3), 109(4), 109(5), 111 and 111(1)(B); Trade Marks Rules, 2002 - Rules 4, 6, 7, 63(1), 64(3) and 66; Intellectual Property Appellate Board (Procedure) Rules, 2003 - Rule 16; Constitution of India - Articles 32, 226, 227, 323A and 323B; Code of Civil Procedure (CPC) - Sections 100

Reported in : LC2007(1)107

respectively. 3. Since the parties hereto have wielded against one another, almost all the weapons available under the Trade Marks Act, 1999, such as (i) opposition for registration, (ii) Assignment (iii) appeals and review petitions before the Appellate Board, (iv) … with the full name and address of their firm in prominent feature on the label, sticker etc., under Section 12 of the Act without any territorial restriction. But in respect of the Kangayam party, the Assistant Registrar not

M/S. Apna Car, Com Pvt. Ltd. Vs. M/S. Automart India Ltd.

Court : Karnataka

Subject : Land Acquisition

name with the premium services run/owned/managed by the plaintiff. They have made an application under the Trade Mark Act, 1999 for registration of the said Trade name to the Registrar of the Trademarks under various classes 12 and … buying and selling used cars. Such a honest adoption of the Trade Mark is permitted and protected under Section 12 of the Trade Mark Act, 1999. The defendant Company has followed all the legal requirements and also ensured … action are somewhat different than they are on an application made by registration of a mark under the Trade Marks Act and that being so the decision of a Court in a passing off action cannot be considered as

M/S. Hero Honda Motors Ltd Vs. Commissioner of Service Tax, New Delhi

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : MRTP

and unequivocally that ‘Indian Law’ means only Indian Legislations and not the common law as such.. (ii). The Trade Marks Act, 1999 only governs and regulates registered trade marks and not unregistered trade marks which are not governed by any … registered only in respect of ‘Motor Cycles and parts thereof’ (in clause 12) and not in respect of oils, lubricants and greases which are an … of Rs.87,70,372 and Education Cess of Rs.1,75,407 against the appellant along with  interest and imposition of penalties under Section 76, 77 and 78 of the Finance Act, the appellants have filed the present appeal. 2. As per

Semit Pharmaceuticals and Chemicals Private Limited Vs. the Deputy Reg ...

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

hearing of the main appeal. M.P. is disposed of in the above terms. No order as to costs. Trade Marks Act, 1999 Section 11 read with Section 12 -