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Allied Blenders and Distillers Pvt. Ltd. Vs. Intellectual Property App ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 3, 18, 21, 21(1), 21(2), 21(4), 21(7), 25, 25(1), 57, 91 and 131; Bombay Tenancy and Agricultural Lands Act, 1948; Limitation Act - Sections 4 to 24 and 29(2); Kerala Rent Control Act - Sections 18; Arbitration and Conciliation Act, 1996 - Sections 34(3); Code of Civil Procedure (CPC) - Order 47, Rule 1; Trade and Merchandise Marks Rules, 1959 - Rule 53 and 53(2); Trade Marks Rules, 2002 - Rule 53

Reported in : AIR2009Mad196

the registration of a trade mark to be given beyond the period prescribed under Section 21 of the Trade Marks Act, 1999. 2. In other words, this writ petition raises the question as to whether the Registrar of Trade Marks … not paid, a trade mark may be removed from the register. When it comes to application for registration Section - 18 provides for the payment of necessary fee and Sub-section - 2 thereof provides that a single application may

Rhizome Distilleries Pvt.Ltd Vs. Union of India

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 9, 11(1), 11(3), 11(10), 17, 18, 29 and 57; Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003. - Rule 2

the application filed by the 4th respondent herein under sections 11(1), 11(3), 11(10), 18 and 57 of the Trade Marks Act, 1999 and Rule 2 of the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003.2. … Class 33 from the Register of Trade Marks, in the application filed by the 4th respondent herein under sections 11(1), 11(3), 11(10), 18 and 57 of the Trade Marks Act, 1999 and Rule 2 of the Trade

Christian Louboutin Sas vs.abubaker & Ors.

Court : Delhi

Subject : Intellectual Property

suit. In CS(COMM) No.890/2018 Page 16 of 47 order to decide this aspect the following provisions of the Trade Marks Act, 1999 would be relevant:-"“Section 2(m) "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape … under:-"“14. Coming to the plea relating to benefits under the Probation Act, it is to be noted that Section 18 of the said Act clearly rules out application of the Probation Act to a case covered under Section

Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 19, 27, 28, 29, 31, 71, 78, 79, 105, 106 and 159; Copyright Act, 1957 - Sections 63; Indian Penal Code (IPC) - Sections 420, 485, 486 and 487; Trade Marks Act, 1999 - Sections 18, 19, 21, 22, 23, 27, 27(1), 27(2), 124, 124(5), 134, 134(1), 135 and 135(2); Specific Relief Act, 1963 - Sections 36 to 42; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2 - Order 41, Rule 22(1)

Reported in : 2006(3)AWC2166

Chhap Asali Nawab Dulha Khan Khaini Tambakoo Choona Sahit' and that in view of Section 124 of the Trade Marks Act, 1999 the proceedings of suit itself had to be stayed and ad interim injunction could not be granted. Thus, … mark much prior to the trademark in question of the defendant-appellant. An application-dated 8.11.1993 had been moved under Section 18 of the Act, 1999 for registration of the trade mark by the respondent-plaintiffs in the prescribed manner. The

Cadbury India Limited and ors. Vs. Neeraj Food Products

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademarks Act, 1999 - Sections 17, 18, 18(1), 18(4), 31, 27, 27(2), 28, 29 and 29(5); Trade and Merchandise Marks Act, 1958 - Sections 17; Copyright Act, 1957; Trademarks Act, 1940 - Sections 10; Civil Procedure Coce - Order 39, Rules 1 and 2; Indian Penal Code

Reported in : 142(2007)DLT724; LC2007(2)269; 2007(35)PTC95(Del)

Penal Code Disclaimer does not affect those rights in any way.73. By virtue of Section 27 of the Trade Marks Act, 1999, a person has been conferred a statutory right of protection of its registered trademark. At the same time … has been replaced by the Trademarks Act, 1999 and there is a statutory provision incorporated by way of Section 18, application for registration which reads thus:Section 18.Application for registration. - (1) Any person claiming to be the proprietor

Meghraj Biscuits Industries Ltd. Vs. Commissioner of Central Excise, U ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Central Excise Act, 1944 - Sections 35L; Trade Marks Act, 1999 - Sections 18, 18(I), 23 and 28; Specific Relief Act - Sections 54; Trade Marks Act, 1940 - Sections 20

Reported in : AIR2007SC1433; 2007(116)ECC527; 2007LC527(SC); 2007(210)ELT161(SC); JT2007(4)SC436; LC2007(2)29; 2007(35)PTC599(SC); 2007(4)SCALE523; (2007)3SCC780; [2007]7STT270; 2007(

repeatedly being raised in this Court we would like to examine the case law in this regard.14. The Trade Marks Act, 1999 has been enacted to amend and consolidate the law relating to trade marks, to provide for registration and … was entitled to apply for its registration as proprietor thereof. Now, once again turning to the provisions of Section 18 Sub-section (I), it is clear that only a person claiming to be the proprietor of a trade mark

Jagdish Gopal Kamath and Others Vs. Lime and Chilli Hospitality Servic ...

Court : Mumbai

Subject : Land Acquisition

expression; and that the Plaintiffs cannot enforce their rights in view of Sections 18 and 28 of the Trade Marks Act, 1999. There is, the Defendant says, no question of any relief being granted to the Plaintiff. 5. Specifically, the … of this order is stayed for a period of three weeks from today. Trade Marks Act, 1999 - Section 18, Section 28 -

Ultra Home Construction Pvt. Ltd. Vs. Purushottam Kumar Chaubey and Ot ...

Court : Delhi

Subject : Intellectual Property

above said this Hon'ble Court has the territorial jurisdiction within the meaning of section 134 (2) of the Trade Marks Act, 1999 and also under section 62 (2) of the Copyright Act, 1957 and the Code of Civil Procedure, 1908. … has also a subordinate office at such place. 15. The learned author Mulla in Code of Civil Procedure, 18th Edn., has observed that under clauses (a) to (c) of Section 20, the plaintiff has a choice of

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

Court : Mumbai

Subject : Intellectual Property

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 … some prohibitions. 11. Chapter III of the Act lays down the procedure for and duration of the registration. Section 18 provides for an application in writing to be made to the Registrar of Trade Mark in the prescribed

Honda Giken Kogyo Kabushiki Kaisha Vs. Tvs Motor Co. Ltd. and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 17, 18(4), 29 and 29(4)

Reported in : 2007(3)CHN377,2008(36)PTC159(Cal)

consequent upon execution of the deed of assignment it applied to the Registrar under Section 18(4) of the Trade Marks Act, 1999 on May 31st, 2004, for necessary rectification. He has said that the defendants have produced a report showing