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Creative Tours and Travels (India) Private Limited Vs. Intellectual Pr ...

Court : Mumbai

Subject : Service Tax

tours and travel arrangements, manpower consultancy and recruitment. 4. Respondent No.1 is a statutory authority constituted under the Trade Marks Act, 1999. Respondent No.2 is the Registrar of Trade Marks, Trade Marks Registry, Mumbai. The Registrar has registered a trade … the law, reliance is placed on Re : Spillers Ltd.'s Application, (1952) 69 RPC 32. In this case it was contended on behalf of the … preliminary provisions, including definitions. The Appellate Board, which has passed the impugned order, is a Board established under Section 83. Prior thereto, we must see the definition of the term "mark", which is to be found in

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 … 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 96 and Section 97.(3) Every

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, … the said Act. In Hardie, the Hon'ble Supreme Court did not consider the import of that expression in Section 69 of the Act (para 29, page 3382 of AIR). We are also not concerned with Section 69 here.36.

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 … 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 96 and Section 97.(3) Every

Sri Pattatharasiamman Textiles, Registered Firm Rep. by Its Partner, P ...

Court : Chennai

Subject : Sales Tax/VAT

Acts : Indian Partnership Act - Sections 69(2); Tamil Nadu General Sales Tax Act, 1959; Central Sales Tax Act, 1956; Trade and Merchandise Mark Act, 1958 - Sections 78 and 79; Trade Marks Act, 1999 - Sections 2; Indian Penal Code (IPC) - Sections 420

Reported in : (2009)6MLJ470; 2009(41)PTC427(Mad)

that other mark as to be likely to deceive or cause confusion. As per Section 2(1)(h) of the Trade Marks Act, 1999. After all, the function of a trade mark is to give an indication to the purchaser of the … case) and the suit filed before the trial Court by the appellant/plaintiff is not barred as per Section 69(2) of the Partnership Act for enforcing a statutory right or a common law right based on Tort in

R.K. Saraf Vs. the Assistant Registrar of Trade Marks and anr.

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Trade Marks Act, 1999 - Sections 57(4), 83 and 91; Trade and Merchandise Act, 1958 - Sections 25, 25(3), 25(4) and 26; Trade Marks Rules - Rule 69; ;Constitution of India - Article 226

Reported in : 2008(36)PTC520(Del)

i.e. the Assistant Registrar of Trade Marks issued a show cause notice under Section 57(4) was of the Trade Marks Act, 1999 asking the Petitioner to disclose why the entry with the Trade Mark should not be recalled/struck off of … PTC 709. He contended that this Court had relied upon Section 25(4) of the old Act and Rule 69, to hold that the question whether a particular trade- mark had or had not been removed and whether

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 … bounds. (Refer paragraph 82 of the impugned decision.) (N.B. : In paragraph 69 of the impugned decision, the learned Single Judge has stated the conclusion

Precious Jewels and anr. Vs. M/S Varun Gems

Court : Delhi

Subject : Intellectual Property

written statement, reply to the injunction application along with three applications, being I.A.No.14054/2012 under Section 34 of the Trade Marks Act, 1999 and Order XXXIX, Rule 4 CPC, I.A.No.14055/2012 under Order VII, Rule 11 CPC and I.A.No.14056/2012 under Section 124 … defence raised by the defendants is that the suit filed by the unregistered firm is not maintainable under Section 69(2) of the Partnership Act, 1932 which spells out the effect of nonregistration. The case of the Plaintiff 5.

Ramaiah Life Style Cafe vs.eminent Entertainment & Ors

Court : Delhi

Subject : Land Acquisition

the plaintiff and the plaintiff is merely permitted user thereof and is barred by Section 53 of the Trade Marks Act, 1999 from instituting a suit for infringement thereof; (ii) that the suit is barred by limitation, as it could … firm is not pleaded to be registered with the Registrar of Firms and the suit is barred by Section 69 of the Partnership Act, 1932; (iv) that the defendants adopted and started using the name „RAASTA‟ for their

Andrews Ponnuraj Vairamani Vs. the Controller of Patents, Chennai

Court : Intellectual Property Appellate Board IPAB

Subject : Education

116 of the Patents Act, 1970, provides for powers to do certain acts under the provisions of the Trade Marks Act, 1999. Section 117B deals with the procedure and powers of the Appellate Board as per certain provisions of the Trade … in public interestSection 6615Appeal against the order of the Controller with reference to Registration, Assignments and Transmission, etc.Section 69(3)16Appeal against the order of the Controller with regard to the correction of clerical errorsSection 7817Appeal against the order