Court : Intellectual Property Appellate Board IPAB
..... relevant material and hence supreme courts interference by reassessment of material not called for at this stage- constitution of india, article 136 - trade and merchandise marks act, 1958 sections 46, 56 equity injunction, grant of is based on equitable principles. b. torts passing off action action for deceit unfair trade competition trade mark, already ..... the registered owner of trade mark maintainable and the party entitled to protection. vii.) air 1963 supreme court 449 amritdhara pharmacy vs. satya deo - trade marks act (1940), sections 14, 18 (a), 10 (1), 10 (2) trade name likely to deceive and cause confusion tests indicated overall similarity has to be considered trade names ..... of the impugned mark and the issue is decided accordingly. i have also no hesitation in sustaining the proprietary claim of the applicants under section 18 (1) of the act as the impugned mark which is a label mark consisting of other prominent features like letters abt written in a stylized form. similarly .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... him only the members of his tharavad were traditionally making this ring. he prayed that the appeal should be allowed 19. section 2 (e) of the geographical indications of goods (registration and protection) act,1999, (act in short) defines geographical indication, in relation to the goods in this case, namely the ring, it means an indication ..... at payyannur courts, regarding the right of ownership of pavithra ring which the honble courts have dismissed. therefore this is barred by section 9 (a), (d) and (e) of the geographical indication act. he prayed that the appeal may be allowed. 4.there is another affidavit filed by the petitioner in the intervening petition c. ..... no notice of the application. such an application will defeat the purpose of the act. 29. the lawmakers may consider introducing a provision which requires each applicant to effect a publication akin to the section 4 notice in the land acquisition act. the fact of the filing of the application must be published in a newspaper .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... metro card agency. this implies the entire business including the trade mark belongs to sole owner i.e. the respondent herein. the respondent states in the trade marks act under section 2 (1) (m) the definition of a mark includes a trade name and here the trade name includes the word metro and hence he had a right ..... the notice of the registrar the termination of the arrangement, so as to enable him to rectify the register in respect of the registered trade mark under section 57 of the act. 15. the respondent had applied for exclusive right for the trade mark metro previously jointly used by both parties. that is clearly a misappropriation of property ..... from the register amounting to fraud. (v) the various legal grounds on which the removal of the impugned trade marks under section 57 of the trade marks act alleged are:- (a) false averments of ownership of the mark under section 18(1) before the registrar. (b) the impugned mark is remaining on the register without sufficient cause. (c) .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... which is contrary to law. then, we must examine the provisions of that law which have been allegedly violated by the registration of the mark. in the prb act, section 6 deals with the authentication of declaration that no declaration shall be authenticated unless the magistrate on enquiry from the press registrar is satisfied that the newspaper proposed to ..... been too technical in our assessment of evidence at the same time we have not accepted as evidence what may require a greater degree of proof. f. section 31(2) of old act (1958 act) onus of proof is higher in the case of descriptive marks: (1) marico vs agrotech (2010 ptc 736 (del) db), cited supra in this case ..... the use of a mark is required to be established, it only means use of the mark in india and to give any other construction would make section 46 of the trade marks act redundant. according to tphl, the evidence regarding use must show that it was substantial, genuine and commercial. the evidence of ftl shows only a circulation .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... for the appellant argued that during the examination of the patent application, the applicant for patent is entitled to an opportunity of hearing under section 14 or under section 80 of the act or at least under rule 129 of the patent rules, 2003 (hereinafter referred to as the rules), should the respondent decide to take ..... vis- -vis the citations. moreover, in the impugned order the respondent has categorically refused to grant the opportunity of hearing to the appellant under section 80 of the act. the impugned order under consideration has been undisputedly made without affording an opportunity of being heard to the appellant, and that order does affect the ..... advance and also seek an opportunity of hearing giving the respondent clear ten days notice as per the provisions laid down in the proviso to section 80 of the act. merely meeting the requirements of the technical objections of the respondents office or complying with the technical requirements of the respondents office will not .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... claim and brings clarity and explains the inventive step and novelty, we are bound to consider it. we cannot grant an amendment that does not stand the test of section 59, but if the amendment falls within the original claim and does not claim anything beyond that, we may consider whether our discretion should be exercised for granting the ..... party will weigh with us while deciding a revocation petition. though we find in s. 64 the words, may be revoked, if the revoking applicant proves obviousness under section 64(1)(f) or that the invention does not involve any inventive step, the ipab cannot say that it is true that the invention is obvious or that it ..... power and authority conferred on it by the statute. in these proceedings the ipab decides those matters which are referred to in sub-section (2) of s.117a or s.117d.(vide s.117c of the patents act) all other courts and authorities are barred from exercising the above jurisdiction. by the same analogy we cannot stray into areas where the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... adopt that construction which is to advance the object. when we refer to the object we mean the object of this provision and not the object of the act. this section has been introduced to make sure that the person who is given an exclusive monopoly is candid and fair in his conduct. so we cannot adopt a construction ..... violation 16. the learned counsel for the applicant submitted that the respondent has under a duty to disclose information as per the requirements of section 8 of the act and section 8(1) of the patent act makes it mandatory that information, pertaining to foreign filings in respect of the same or substantially the same invention be provided. the counsel submiited ..... . however, the ld. board stated that such determination of the applicability of limitation may be done by the court suo moto, as per the provisions of section 3 of the limitation act. 12. we have already dealt with issue of limitation in ipab order 240/2012 in tra/1/2007/pt/mum we find same is applicable here. the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... learned judge has also dealt with rule 105 and s.131 in the foregoing words. the said rule stipulates that an application for extension of time under section 131 of the 1999 act has to be made in form tm-56. it may be remembered that this is the same form tm-56 in which an application for extension of ..... provisions to order 41 rule 27(1) (aa) only to those who have adduced evidence in the trial court. 6. section 21 of the act deals with the opposition to registration. the following steps are spelt out in the said section: (a) within three months from the date of advertisement or re-advertisement, any person may give his notice of opposition ..... it, therefore, becomes necessary to examine as to what is meant by the word prescribed . section 2(1) (s) defines prescribed to mean prescribed by rules made under the act. section 157 of the 1999 act relates to the powers of the central government to make rules. sub-section (2) provides the specific matters for which rules may be made. clause (vii) of .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... or the other documents as the case may be, to be amended to his satisfaction before he proceeds with the application...". further, sub-section 6 of section 57 of the act reserves the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions issued ..... specification or the other documents as the case may be, to be amended to his satisfaction before he proceeds with the application...". further, sub-section 6 of section 57 of the act reserves the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions issued ..... the original disclosure and rectify the defects of the original patent specification. while doing so, respondent no.1 has completely violated the provisions of section 59 of the patents act, 1970. the law relating to amendments does not permit widening/broadening of the disclosure/claims. in the present case the scope of protection as .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... concluding that the adoption of the mark by the respondent no.1 was not dishonest and he thus misdirected himself in not exercising the discretion under sub-section (4) of section 18 of the act against the respondent no.1. 8. learned counsel submitted that the conclusion by the respondent no.2 that the question of any likelihood of confusion ..... cause confusion among the pubic making the pubic to think that goods bearing the impugned trade mark emanate from the applicant. the essentials for prohibition under section 11(2) of the act is that the trade mark sought to be registered must be identical or similar to an earlier trade mark, the goods in respect of which registration ..... mark and as such the use of an identical mark by the respondent would cause confusion among the pubic and thus does not qualify for registration under section 11(2) of the act. in the instant appeal, the trade mark sought to be registered by the respondent no.1 is identical to the earlier trade mark of the appellant .....
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