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P.M. Diesel Pvt. Ltd. Vs. Thukral Mechanical Works and Another

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

Act, 1958 (hereinafter referred to as the Act) for the rectification of the entry relating to the registered trade mark No. 228867 in class 7 stands in the name of the first respondent. The case of the applicant … They and their predecessor in title have been using the trade 'FIELD MARSHAL' for their aforesaid goods. The trade mark 'FIELD MARSHAL' is duly registered under the provisions of the Trade and Merchandise Marks Act, 1958 in the

W.A. Tyzack and Co. Ltd. Vs. Kanayalal Khandewala and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9

Reported in : ILR1972Delhi346

M.R.A. Ansari, J. (1) The appellant M/s W.A. Tyzack & Co. Limited is the owner of a registered trade mark consisting of a device of a man riding a horse and the word 'horseman' in English written underneath … device of a man riding a horse and the word 'horseman' in English written underneath the device. This trade mark is in respect of chaff cutters which are agricultural implements used for the cutting of the chaff. The

Bakemans Industries Limited Vs. Parle Products Limited and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 30(1), 107 and 120

Reported in : 2002(6)BomCR24; 2002(4)MhLj87

the application would have to be made to the High Court.2. The petitioner, Bakemans Industries Limited, adopted a trade mark 'GLUCOGOLD' sometime in August, 1997. On 4th August, 1997 they applied for its registration in Class-30 which inter … Post. In that application the petitioner prayed for rectification of the register to the effect that the respondents' trade mark 'GLUCO' be struck off the register.(2) They filed a suit in the District Court at Patiala under Section

Jaininder JaIn and ors. Vs. Registrar of Trade Marks and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 56

Reported in : 2004(29)PTC160(Del)

30.10.1996 by respondent No. 1 in favor of respondents 3, 4, 5 and 6 in respect of the trade mark Nos. 376224, 384556, 463530 and 486516. Main crux of the petition being that respondents 3 to 6 have … On 16.8.1994 necessary requests were made in Form TM-36 to respondent No. 1 for carrying out modification/amendment in Trade Mark No. 376224 and Trade Mark No. 486510 in conformity with the agreement dated 20.3.1992. Modifications/amendments were carried out

American Home Products Corporation Vs. Mac Laboratories Pvt. Ltd. and ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Evidence Act - Sections 14

Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; [1985]Supp3SCR264

a question of great importance in Trade Marks Law, that is to say whether a proprietor of a trade mark who intends to use it solely by a registered user is entitled to registration of his trade mark, … trade mark who intends to use it solely by a registered user is entitled to registration of his trade mark, under Section 18 of tae Trade Marks Act, or to put it differently, do the words 'proposed to

P.M. Diesels Private Limited Vs. Thukral Mechanical Works

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 28

Reported in : AIR1988Delhi282; 1988(1)ARBLR150(Delhi); 34(1988)DLT235; 1988(15)DRJ47

diesel oil engines and parts thereof, electric motors, agricultural pumps or centrifugal pumps or parts thereof bearing the trade mark 'Field Marshal' or any other similar or identical trade mark. There is also a prayer for a perpetual … or centrifugal pumps or parts thereof bearing the trade mark 'Field Marshal' or any other similar or identical trade mark. There is also a prayer for a perpetual injunction restraining the defendants, their agents etc. from passing off

Mr. S. K. Kapoor Vs. Mr. S. N. Mookherjee

Court : Kolkata

Subject : Letters And Patent

Acts : Trade Marks Act 1999 - Section 124, 57, 47, 92, 12, 57(a), 47(1) (a); Letters And Patent - Clause 14

the current language or in the bona fide and establishedpractices of the trade,shall not be registered:Provided that a trade mark shall not be refused registration ifbefore the date of application for registration it has acquired adistinctive character as … the use made of it or is a wellknowntrade mark.(2) A mark shall not be registered as a trade mark if (a) it is of such nature as to deceive the public or cause confusion;(b) it contains or

The Indian Hotels Company Ltd Vs. Ashwajeet Garg and ors

Court : Delhi

Subject : Intellectual Property

the Plaintiff recently became aware of the use by the Defendants of a phonetically and visually deceptively similar trade mark „ZIVA‟. The Defendants are using the said mark „ZIVA‟ also for the purposes of SPA. The Defendants also … held that the action for infringement is a statutory remedy conferred on the registered proprietor of a registered trade mark for the vindication of the exclusive right to the use of the trade mark in relation to those

Pernod Ricard India Private Limited & Another versus Karanveer Sin ...

Court : Supreme Court of India

Subject : Intellectual Property

Reported in : [2025] 8 S.C.R. 805

PARTIES 08 IV ISSUE FOR CONSIDERATION 17 V STATUTORY FRAMEWORK - OVERVIEW OF 18 RELEVANT PROVISIONS FROM THE TRADE MARK ACT, 1999 VI JUDICIAL PRONOUNCEMENTS 27 VII ANALYSIS AND APPLICATION OF LEGAL PRINCIPLES 48 (A) SIMILARITY AND DISTINCTIVENESS … including on the internet, directly or indirectly dealing in whisky or any alcoholic or non-alcoholic beverages under the trade mark LONDON PRIDE and/or label and/or packaging and/ or any other label/packaging and/or trade mark that may be identical/deceptively

Lakha Ram Sharma Vs. Balar Marketing Pvt. Ltd. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act - Sections 2(1), 3, 5, 23(1), 46, 56, 107 and 108; Trade and Merchandise Mark Rules, 1959 - Rules 4, 5 and 6

Reported in : 97(2002)DLT342

Section 46 and 56 of the Trade and Merchandise Marks Act(for short 'Act') for rectification of the registered trade mark No. 507445 as of 23th March, 1989 in class 9 of the IV Schedule of the Act. The … No. 507445 as of 23th March, 1989 in class 9 of the IV Schedule of the Act. The trade mark KUNDAN/KUNDAN CAB is the subject matter of the aforesaid registration which is registered in the name of the