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i.T.C. Limited Vs. G.T.C. Industries Ltd. and ors.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 159 and 159(3); Emblems and Names (Prevention of Improper Use) Act, 1950; Trade and Merchandise Marks Act, 1999 - Sections 9 and 9(1); Trade Mark Rules

Reported in : 2008(2)BomCR132; (2008)110BOMLR259; 2008(2)MhLj922; LC2008(1)194

appellants filed the present appeal. 11. The learned Senior Counsel Dr. Virendra Tulzapurkar submitted that the provisions of Trade Marks Act-1999 (T.M.Act-1999) are applicable and therefore, the appeal be decided accordingly, though the application was made under the 1958 … Act. The commencement date of the T.M.Act-1999 is 15/09/2003. The present appeal has been pending since 16/08/2002. 12. Sub-Section (3) of Section 159 provides that the provisions of this Act shall apply to any application for registration of

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

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1), 3(2), 11, 28, 28(1), 28(3), 30, 30(2), 124, 124(1), 124(2) and 135(2); Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rules 1, 2 and 4; Companies Act, 1956

Reported in : 166(2010)DLT642

under consideration being I.A. No. 3915/2009 has been filed by defendant No. 2 under Section 124(1) of the Trade Marks Act, 1999 read with Section 151 of the Code of Civil Procedure, 1908 (referred to as the CPC for brevity) … Manmohan Singh, J.1. The application under consideration being I.A. No. 3915/2009 has been filed by defendant No. 2 under Section 124(1) of the Trade Marks Act, 1999 read with

Asian Paints Ltd. Vs. Chandra Paints and Brush Industry and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1), 28, 28(3) and 29; Trade and Merchandise Marks Act, 1958 - Sections 28 and 30

Reported in : LC2010(1)71

with Section 30 of the Trade and Merchandise Marks Act, 1958 which was repealed and replaced by the Trade Marks Act, 1999. Section 28 of the earlier Act corresponds with the Section 28 of the 1999 Act.14. The court has considered … is stated as follows:-------------------------------------------------------------Year Gross Sales Advertisement(Rs. in Lacs) (Rs. in Lacs)-------------------------------------------------------------2003-2004 207985.00 6824.20-------------------------------------------------------------2004-2005 223153.20 6991.70-------------------------------------------------------------2005-2006 265521.90 9097.30-------------------------------------------------------------2007-2008 388920.17 16484.78-------------------------------------------------------------5. It is stated that the plaintiff company has, since its inception in the year 1945, coined and

Mount Everest Mineral Water Ltd. Vs. Bisleri International Pvt. Ltd. a ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1), 3(2), 4, 5, 47, 57, 98, 98(2), 125 and 157; Trade and Merchandise Marks Act, 1958 - Sections 112; Right to Information Act (RTI) 2005; Trade Marks Rules, 2002 - Rules 4 and 8(2); Constitution of India - Article 226

Reported in : LC2010(1)205

S. Muralidhar, J.1. An interesting question involving the interpretation of Section 98 of the Trade Marks Act, 1999 (TM Act, 1999), which is a provision similar to the repealed Section 112 of the Trade and Merchandise … central government and then be duly authorised by the Registrar to discharge the functions under Section 98 TM Act 1999. Section 3 (2) therefore permits a supervised and controlled delegation by the Registrar of his specific functions to a subordinate

Balkrishna Hatcheries Vs. Nandos International Ltd. and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Mark Act, 1999 - Sections 29(1), 29(2)(b) and 29(4); Trade Marks Act 1958 - Sections 2, 2(1), 2(2), 2(3), 16 and 28(1); Trade Marks Act, 1994 - Sections 9(1); Trade Mark Act, 1938; Trade Marks Rules 2002 - Schedule IV; Trade Marks Rules, 1959; Trade Marks Rules 2002 - Rule 22(1)

Reported in : 2007(4)BomCR48; (2007)109BOMLR911; LC2007(2)201; 2007(35)PTC295(Bom)

no case of infringement under Section 29(1) has been made out by the Plaintiff.10. Section 29(2) of the Trade Marks Act, 1999 reads as follows:(2) A registered trade mark is infringed by a person who, not being a registered proprietor … Schedule to the Trade Marks Rules 1959 (the old rules or the 1959 Rules) classifies only goods under 34 different classes. These classes corresponded to Entries 1 to 34 of the 4th Schedule to the Trade Marks

Kapil Wadhwa and Others Vs. Samsung Electronics Co. Ltd. and Another

Court : Delhi

Subject : Land Acquisition

the defendants being the appellants before us in an intra-Court appeal. The port of destination: 5. Whether the Trade Marks Act 1999 embodies the International Exhaustion Principle or the National Exhaustion Principle when the registered proprietor of a Trade Mark … been put on the market under the registered trade mark by the proprietor or with his consent. (4) Sub-section (3) shall not apply where there exists legitimate reasons for the proprietor to oppose further dealings in the goods

Samsung Electronics Company Ltd. and anr. Vs. Mr. G. Choudhary and anr ...

Court : Delhi

Subject : Commercial

Acts : Trade Marks Act, 1999 - Sections 3, 3(3), 30 and 74(2); MRTP Act; Code of Civil Procedure (CPC)

Reported in : 136(2007)DLT605; 2006(91)DRJ159; 2006(33)PTC425(Del)

China' a research supported by the National Natural Science Foundation of China (NSFC).9. The following provisions of the Trade Marks Act, 1999 are germane to the present dispute --29 (1) Infringement of registered trade marks- A registered trade mark is … indigenous industry which stands to benefit from the restraining orders prayed for by the Plaintiff. It appears that Section 3 of the Customs Regulation on Intellectual Property Rights forbids the import or export of goods that infringe property

Astrazeneca Uk Ltd. and anr. Vs. Orchid Chemicals and Pharmaceuticals ...

Court : Delhi

Subject : Civil

Acts : Trade Marks Act, 1999 - Sections 19, 23, 27(2), 28, 28(2), 28(3), 30, 30(1), 30(2), 33, 107, 124, 125, 144 and 154; Trade and Merchandise Marks Act, 1958 - Sections 111 and 111(1); Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4

Reported in : 2006(32)PTC733(Del)

back to the date of the application which is 2nd August, 2004 Perusal of the provision of the Trade Marks Act, 1999 demonstrate that the registration of the trade mark will relate back to the date of the application. Section … registered trademark. It was further pleaded that the registration with respect to the trademark 'MEROMER' was completed on 30.8.2005 even prior to the institution of the suit. The mark of the defendant was stated to have been

Shyam Singh Vs. State rep. By the Assistant Commissioner of Police, Ce ...

Court : Chennai Madurai

Subject : Education

from the Registrar had quashed the petition in respect of offences under Sections 103 and 104 of the Trade Marks Act, 1999 and in respect of the offences under Sections 51(b) r/w. Section 63 of the Copyright Act, 1957 and … (Prayer: Criminal Revision filed under Section 397 r/w.Section 401 Cr.P.C. praying to set aside the order passed by the Learned III Metropolitan Magistrate, George Town,

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