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Thukral Mechanical Works Vs. P.M. Diesels Pvt. Ltd. and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 12(3), 36, 37, 46, 46(1), 46(3), 47, 47(1), 48, 48(1), 48(2), 48(3), 49, 56, 56(1), 56(2) and 107; Trade Marks Act, 1999 - Sections 47; Copyright Act; Trade and Merchandise Mark Rules; Code of Civil Procedure (CPC) - Order 39, Rule 4; Constitution of India - Article 366; Trade marks and Geographical Indications Law

Reported in : AIR2009SC1443; JT2009(2)SC59; LC2009(1)14; 2009(39)PTC193(SC); 2009(1)SCALE497; (2009)2SCC768; 2008(1)LC105(SC)

notice that in Law of Trade Marks by Mr. K.C. Kailasam, while commenting on Section 47 of the Trade Marks Act, 1999 to which our attention has been drawn by Mr. Sudhir Chandra, it is stated:Notes on clauses.--This clause corresponds … S.B. Sinha, J.1. Leave granted.2. Interpretation of the provisions of Section 46(1)(b) of the Trade and Merchandise Marks Act, 1958 (hereinafter called and referred to for the sake of brevity

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) … filed their written statement and simultaneously filed a petition under Sections 107, 46 and 56 of the Act for rectification of plaintiff's trade mark instead … 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

Parle Products Private Limited vs the Registrar of Trade Marks & A ...

Court : Delhi

Subject : Land Acquisition

MR. JUSTICE TUSHAR RAO GEDELAJUDGMENTTUSHAR RAO GEDELA, J.1. Present appeal has been filed under Section 91 of the Trade Marks Act,1999, challenging the impugned order dated 29.04.2025 passed by the respondent no.1/the Registrar of Trade Marks in opposition no.1075195 … Trademark Application no.1606126 of the respondent no.2 in Class 30. BRIEF FACTS:- 20:11:05 C.A.(COMM.IPD-TM) 49/2025 Page 1 of 462. It is the case of the appellant that the appellant is engaged in thebusiness of manufacturing and marketing,

Khoday Distilleries Limited (Now Known as Khoday India Limited) Vs. th ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2(1), 9, 10 to 14, 17, 18, 20(2), 21, 26(2), 27(2), 31, 32, 46, 49, 56, 56(2), 60 and 109; Companies Act, 1956; Geographical Indication of the Goods Act, 1999 - Sections 26; Limitation Act, 1963 - Articles 120, 124 and 137; Trade Marks Act, 1995 - Sections 60; Code of Civil Procedure (CPC) - Order 2, Rule 2(3) - Order 41, Rule 27; Limitation Act, 1908 - Schedule - Articles 124 and 120; Constitution of India - Article 226

Reported in : AIR2008SC2737; 2008(4)AWC3258(SC); 2008(56)BLJR1979; 2008BusLR625(SC); LC2008(2)253; (2008)4MLJ942(SC); 2008(37)PTC413(SC); 2008(9)SCALE40; 2008AIRSCW4560

consideration that having regard to the provisions contained in Section 26 of the Geographical Indication of the Goods Act, 1999 (for short 'the 1999 Act'), the rights of trade marks which had been acquired through use in good … a reputation in Australia for scotch whisky and scotch whisky-based liquors as envisaged under Section 60 of the Trade Marks Act, 1995. In that proceeding also Ian Barclay had affirmed an affidavit in favour of respondent No. 1-Association. As … in which there is much more force is that the appellants have come to file this application under Section 46 after considerable delay and no relief should be granted to them. It is true that the granting of

Mohd. ZaheeruddIn and ors. Vs. Mohd. YousufuddIn Mansoor and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Trade and Merchandise Marks Act, 1958 - Sections 111 and 107

Reported in : 2004(3)ALD534; 2004(2)ALT632

under the old Act. The Counsel also would maintain that the corresponding provision i.e., Section 124 of the Trade Marks Act, 1999, Act 47 of 1999, hereinafter referred to as the 'present Act' also is substantially the same and the … shall be determined only on an application for the rectification of the register, and notwithstanding anything contained in Section 46, Sub-section (4) of Section 47 or Section 56, such application shall be made to the High Court and

Reed Elsevier Properties Inc. and anr. Vs. Best Media Associates (Indi ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 1(2), 2, 34, 34(2), 34(3) and 47; Indian Trade and Merchandise Marks Act, 1958 - Sections 46 and 109(2); Registration of Books Act, 1867

Reported in : 2010(112)BomLR257; LC2010(1)1

agreement with the judgment of the Hon'ble Calcutta High Court. The position remains the same even under the Trade Marks Act, 1999. Section 1(2) of the 1999 Act also extends to the whole of India. Section 47 of the 1999 Act … expunging the Appellant's trade mark. The Appellant was a Swedish Match Company. The Respondent filed an application under Section 46 of the 1958 Act on the ground that there had no bona-fide use of the mark by the

P.M. Diesels Pvt. Ltd. Vs. Thukral Mechanical Works and the Intellectu ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 12(3), 18, 45, 46, 46(1), 47, 56 and 107; Trade Marks Act, 1999; Trade Marks Law

Reported in : 127(2006)DLT323; 2006(32)PTC269(Del)

evidence was recorded in both proceedings.6. C.O. No.6/87 was transferred to the Board with the enforcement of the Trade Marks Act, 1999 and registered as TRA No. 99/2004/TM/DEL (CO 6/87). By an order dated 27th October 2004, the Board disposed … decision will dispose of the appeal as well as the writ petition.2. The issue concerns the interpretation of Section 46(1)(b) of the Trade and Merchandise Marks Act, 1958 (the Act) and we agree with learned counsel for 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 … provision has not so far been the subject of interpretation by courts so far. However, I find that Section 46 of the earlier Trade & Merchandise Marks Act, 1958 is akin to Section 47 of the later statute.The

infosys Technologies Ltd. Vs. Jupiter Infosys Ltd. and anr.

Court : Supreme Court of India

Subject : Trade Mark

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2(g), 18, 46(1)(b), 56; Trade Marks Act, 1999 - Section 100

while obtaining registration of the mark? Andh) To what further relief?11. The 1958 Act was repealed by the Trade Marks Act, 1999 (for short, `the 1999 Act'). In terms of Section 100 of the 1999 Act, the three petitions filed … Nos. 475269, 475267 and 484837. Consequently, the IPAB allowed the applications made by the first respondent purportedly under Section 46(1)(b) of the 1958 Act and directed the Registrar to remove these registrations from the register.15. We heard Mr.

Kabushiki Kaisha Toshiba (Toshiba Corporation) Vs. Toshiba Appliances ... Overruled

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Trade And Merchandise Marks Act, 1958 - Sections 2(2), 21, 46, 46(1), 46(3), 56, 56(1), 56(2), 69 and 109; ;Trade Marks Act, 1999 - Section 47; ;Trade Marks Act, 1994 - Section 47(3); ;Patents Act, 1883 - Section 90; ;Trade and Merchandise Marks Rules, 1959 - Rule 94

Reported in : (2006)1CALLT601(HC),2006(1)CHN487,2006(32)PTC243(Cal)

both Sections 46(1) and 56(1) use the expression 'person aggrieved'. Under the provision of Section 47 of the Trade Marks Act, 1999 again the expression 'person aggrieved' has been used in Section 47 of the 1999 Act, with minor changes,