Court : Intellectual Property Appellate Board IPAB
..... must be permitted to use the trade mark giving regard to the family arrangement or all the three should be prohibited from using the trade mark by virtue of the provision under section 24 of the act, as no one is entitled to use the mark independently on the dissolution of the partnership subject to the terms and conditions of the partnership deeds, which came into existence on the same day, do ..... only the technical pleas that the registrar had passed the order of assignment without any notice to the applicants and tm 17 was filed by a person who has no authority and further tm 17 has to be filed by the registered proprietor and in the absence of the application from the second applicant, tm 17 ought not to have been ordered ..... them; or (b) in relation to an article with which both or all of them are connected in the course of trade; those persons may be registered as joint proprietors of the trade mark; and this act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person. ..... jointly-owned trade marks: -- (1) save as provided in sub-section (2), nothing in this act shall authorize the registration of two or more persons who use a trade mark independently, or propose so ..... clause 10 specifies the agreement between the parties to do all the necessary or required acts, deeds and execute all such documents and papers including applications to register the trade marks as may be necessary to give .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... alleged reputation can be there without use of the mark; that the respondent no.1 erred in holding that the appellant could not claim to be proprietor of the trade mark under section 18 (1) of the act; that the respondent no.1 failed to appreciate that casio, by any stretch of imagination, is not an invented trade mark but is a common surname and erred in holding that appellants adoption of the mark is ..... the goods of the appellant and has become distinctive by virtue of its long use by the appellant; that the respondent no.1 failed to decide the objections under section 11 (a) of the act, which decision was bound to be in favour of the appellant as the appellants goods for which registration was sought for were totally different and distinct from the goods of the respondent ..... difference in goods or description of goods of the parties and having regard to the facts and circumstances of the case and the issue raised under section 11 (a) of the act and having regard to the well settled principles of law, the registrar of trade marks ought to have sustained the objection raised by the appellant under the aforementioned section by ..... copies are supplied the appellant, the appellant is not in a position to comment upon the same, the counsel for the respondent no.2 took us to letter dated 10.9.2005 by which the counsel for the respondent no.2 had forwarded the counter-statement, etc ..... us as the enquiry is initiated by the concerned authorities and we have no jurisdiction to go into ..... -off authored .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; (d)that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of india; (e)that patents granted do not in any way prohibit central government in taking measures to protect ..... in no case of compulsory licence anywhere, the authority had fixed the price and that fixing the price ..... which the chapter of compulsory licence was introduced and is still there in the patents act, 1970 as amended by the patents (amendment) act, 2005. ..... to the members in the grant of compulsory licence but it hedged this other use with sufficient conditions and authorization of this use would be considered only on a case to case basis of individualness. ..... record all the facts that are known to it and it is for the judicial authority or quasi-judicial authority to decide whether it is material or not material. ..... already seen, trips says that the authorization and other uses must be dealt with ..... long as the view taken by the original authority is a reasonable one, we will not ..... without authorization of the right holder and lists the provisions which shall be respected while authorizing such ..... trips (trade-related aspects of intellectual property rights) too where it is called, other use without authorization of the right holder . ..... authority .....
Tag this Judgment!