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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

Pankaj Jaiswal and anr. Vs. Virendra Prasad Jaiswal and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 3 and 21; ;Copyright Act, 1957 - Section 63; ;Trade and Merchandise Marks Act, 1958 - Sections 78 and 79; ;Indian Penal Code (IPC) - Section 420

Reported in : 2007(1)CHN143,2007(35)PTC761(Cal)

No.683188 in respect of the said trade mark 'SEC and device' which is registered under the provisions of Trade Marks Act, 1999 (hereinafter referred to as the said Act) in Class 11. The plaintiff also having a registration No. 754247 … submitted that a complaint was lodged with the Deputy Commissioner, Enforcement Branch, Calcutta Police against Vijay Jaiswal under Section 63 of the Copyright Act, 1957, Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 83; Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(3), 25(4), 27, 28, 29(2), 29(3), 37, 41, 42, 47, 51, 54, 57, 59 to 63, 66, 69(3), 74, 78, 84(1) to 84(5), 85, 86, 88, 88(3), 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117, 117A, 117A(2), 117G and 158; Patents Amendment Act, 2002 - Sections 1(2), 18 and 47; Patents Amendment Act, 2005 - Sections 1(1), 1(2), 23, 60 and 61; Patents Amendment Act, 1999

Reported in : LC2009(1)22; 2008(37)PTC56(Del)

116. (1) Subject to the provisions of this Act, the Appellate Board established under Section 83 of the Trade Marks Act, 1999 shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise … Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section

Rajamani Fabrics and Swathi Textiles Vs. Mothi Textiles

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Merchandise Marks Act, 1958 - Sections 27, 28, 29, 105, 106 and 136(2); Trade Marks Act, 1999 - Sections 27, 28, 29, 134, 134(2) and 135; Copy Right Act, 1957 - Sections 51, 58, 62, 62(2) and 63; Trade Marks Act, 1940

Reported in : LC2007(1)150; 2006(33)PTC694(Mad)

and 106 of the Trade Merchandise Marks Act, 1958 and Sections 27, 28, 29, 134 and 135 of Trade Marks Act, 1999, read with Sections 51, 58, 62 and 63 of Copy Right Act, 1957, praying for the grant of … 581 of 2000 before this Court under Order IV, Rule 1 of the Original Side Rules read with Sections 27, 28, 29, 105 and 106 of the Trade Merchandise Marks Act, 1958 and Sections 27, 28, 29,

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Indian Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(4), 27, 28, 29(2), 29(3), 51, 54, 57, 60, 61, 63, 64, 66, 69(3), 78, 84, 84(1) to 84(5), 88, 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117A, 117A(2), 117G and 158; Patents (Amendment) Act, 1999 - Sections 116; Patents (Amendment) Act, 2002 - Sections 47; Trade Marks Act, 1999 - Sections 83; Patents (Amendment) Act, 2005 - Sections 23, 25 and 61

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

under:Section 116(1) Subject to the provisions of this Act, the Appellate Board established under Section 83 of the Trade Marks Act, 1999 shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise … Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section

The Coca-cola Company and anr. Vs. K.M. Salim

Court : Delhi

Subject : MRTP

are valid and subsisting as of date. By virtue thereof and by virtue of the provisions of The Trade Marks Act, 1999 (hereinafter referred to as “the Act”), the plaintiff No.1 and its licensees have the exclusive right to use … alia in respect of the goods and services for which the aforesaid trade marks are registered. Additionally, under Section 31 of the Act, the original registration is a prima facie evidence as to its validity. Copies of … can be approved by our client.” 33. It is stated in para 63 of the plaint that prior to drafting the cancellation action the plaintiffs’

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, … the Trade And Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act No. 43 of 1985') and Section 63 of the Copyright Act, 1957 and under Sections 420, 485, 486, 487 of the Indian Penal Code. The

Vishvajeet Sharma and anr. Vs. State and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 15, 15(2) and 63; Designs Act, 2000 - Sections 2 and 2(1); Trade Marks Act, 1999 - Sections 27, 103 and 104; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3) and 482; Constitution of India - Article 226

Reported in : 2009(41)PTC484(Del)

of the complaint, the complainant's trademark registration applications were pending. Therefore, in terms of Section 27 of the Trade Marks Act 1999 no action could be initiated against the Petitioner No. 2 for infringement of the unregistered trade mark. Therefore, … and FIR No. 52 of 2006 dated 12th January 2006 registered at Police Station (PS) Saraswati Vihar under Section 63 of the Copyright Act and all proceedings consequent thereto.2. The background to the filing of this petition is

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 … Chief Post Master General Tamil Nadu, the Pincode of Tiruppur was actually 638 601 at that time and it was changed to 641 601 and

M/S Turning Point vs.turning Point Institute Private Limited

Court : Delhi

Subject : Education

(OS) No.2368/2015 Page 52 of 63 88. The defendants have also placed reliance on Section 33 of the Trade Marks Act, 1999. Section 33 of the Act provides: “33. Effect of acquiescence.- (1) Where the proprietor of an earlier trade mark