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Charak Pharma Private Limited Vs. Prashi Pharma Private Limited

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Trade Marks Act, 1999 - Sections 45; Code of Civil Procedure (CPC) - Order 21, Rules 1 and 2

Reported in : 2004(29)PTC458(Del)

prima facie opinion a d the real effect and implication of the provisions of Section 45 of the Trade Marks Act, 1999 shall have to be effectively considered as strong reliance on the said provision has been placed by counsel

Waman S/O Manjiram Hebare Vs. Ramesh S/O Manjiram Hebare

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 2(1), 28, 34, 45, 45(1) and 57

Reported in : 2009(111)BomLR4368

It is also argued before me by learned Counsel for the appellant, relying upon Section 45 of the Trade Marks Act, 1999, that unless registration of assignment is done, the respondent appellant cannot claim protection under the Act. Section 45

Sun Pharmaceuticals Industries Limited Vs. Cipla Limited

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Mark Act, 1999 - Sections 2, 2(1), 2(2), 6, 12, 28, 29, 31, 37, 38, 40 to 44, 45, 45(1), 45(2), 47 and 57; Trade and Merchandise Marks Act, 1958 - Sections 44; Stamp Act - Sections 35; Registration Act

Reported in : LC2008(3)384; 2009(39)PTC347(Del)

marks - Infringement of - Registration of assignment and transmissions of registered trade mark - Section 45 of Trade Marks Act, 1999 - Plaintiff instituted suit for permanent injunction to restrain Defendant from infringing impugned trade mark 'THEOBID' in relation

T.V. Venugopal Vs. Ushodaya Enterprises Ltd, and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights And Constitution

Acts : Copyright Act, 1957 - Section 45(1) ; Trade Marks Act, 1999 - Section 159(4) ; Trade & Merchandise Marks Act, 1958 - Sections 46, 21 - Rule 24(3) ; Constitution of India - Section 136 ; Limitation Act, 1963 - Section 22 ; Code of Civil Procedure (CPC), 1908 - Order 2 Rule 2(3) ;

case the suit was in fact governed by Trade & Merchandise Marks Act, 1958 and not by the Trade Marks Act, 1999 which came into force w.e.f. 15.9.2003. It was submitted that this case is covered under section 159(4) of … The appellant made an application to the Registrar of the Trade Marks for a certificate under proviso to Section 45(1) of the Copyright Act, 1957. The Registrar issued a certificate on 7.3.1996. Thereafter, an application for registration for

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 … embodies the National Exhaustion Principle. The lighthouses seen by the learned Single Judge while chartering the voyage: 7. Section 29 and Section 30 of the Trade Marks Act 1999 fell for consideration and interpretation. They read as … led the learned Single Judge to take the discussion forward, in paragraph 45, that this would mean that unless goods are imported into India by

Nakoda Dairy (P) Ltd. Rep by Its Director Mr. D. Navrathan Vs. Kewal C ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 34, 45, 45(1), 45(2), 124 and 124(1); Copyrights Act; Central Sales Tax Act

Reported in : 2009(40)PTC428(Mad)

The proceedings of the suit is liable to be stayed by this Court under Section 124(1)(b)(i) of the Trade Marks Act, 1999. The plaintiff filed a suit in O.S. No. 8240 of 2007 before the Principal City Civil cum Sessions … followed up. In the year 1998, the label 'Nakoda Dairy Special' was registered under the Copyrights Act. Under Section 45 of the Trade Marks Act, registration of assignment is mandatory. No entry has been made so far by

Cinni Foundation Vs. Raj Kumar Sah and Sons and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 28, 29, 35, 40, 45, 45(1), 45(2), 57(1), 134 and 135; Code of Civil Procedure (CPC) - Sections 151 - Order 1, Rule 11 - Order 7, Rule 11 - Order 39, Rules 1, 2 and 4

Reported in : 2009(41)PTC320(Del)

its Managing Trustee Chandra Kumar Sah has filed the aforesaid action under Sections 134 and 135 of the Trade Marks Act, 1999, inter alia, seeking a permanent injunction restraining the defendants from infringement of its trade mark 'CINNI' and from … 7 Rule 11 CPC, in the course of arguments, it was urged by counsel that in view of Section 45 of the Trademarks Act the title in the trademark cannot pass unless the assignment or transmission thereof is

Lotus Herbals Private Limited vs Dpka Universal Consumer Ventures Priv ...

Court : Delhi

Subject : Land Acquisition

the term “Lotus Splash” by the respondents would amount to infringement of the appellant’s formative mark under the Trade Marks Act, 1999 (the Act). The products of the respondents are being sold in physical stores as well as online through … descriptive would only be the term “Lotus” and the mark in the present case cannot be protected under Section 30(2)(a). The tests which decide whether a mark is descriptive or suggestive is the degree of imagination required … 18.12.2025Judgment delivered on: 16.02.2026Judgment uploaded on: As per Digital Signature+ FAO(OS) (COMM) 45/2024LOTUS HERBALS PRIVATE LIMITED..... APPELLANTversusDPKA UNIVERSAL CONSUMER VENTURESPRIVATE LIMITED & ORS..... RESPONDENTSAdvocates who

Nico Quality Products Vs. Nc Arya Snuff Cigar Company

Court : Chennai

Subject : Intellectual Property

K.K.and others].15.The learned senior counsel for the applicant/plaintiff, by relying upon Sections 37, 38 & 39 of the Trade Marks Act, 1999, has submitted that the registration of trademark shall be assignable and transmissible with or without the goodwill of … caused the present suit in active collusion with the other partner of the applicant-company viz., C.Vijay. 7(d)Further, under Section 45 of the Trademarks Act, 1999, any assignment of the registered trademark without the goodwill of the business will

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) … when an assignment is made otherwise than in connection with the goodwill of the business of the Assignor. Section 45 also requires an Assignee to apply to the Registrar for registration of his title in pursuance of such