Court : Intellectual Property Appellate Board IPAB
..... and also the visual impression of the impugned mark was not sufficiently distinctive for registration in part b and as such does not qualify for registration under section 9 of the said act. the third respondent having reputation and goodwill in respect of their mark, the registration of the impugned mark would cause confusion and deception and as such, ..... assistant registrar of trade marks, on a careful consideration of the materials available on record, has found that the registration of the mark is objectionable under sections 9 and 11 of the said act. when that be so, there is no infirmity in the order of the registrar of trade marks and consequently, there is no merit in the ..... appeal in tma 1 of 1998 on the file of hon'ble high court of calcutta. the said appeal was transferred to this appellate board pursuant to section 100 of the trade marks act, 1999 and numbered as ta/300/2004. 4. we heard ms. maushumi bhattacharya, the learned counsel for the appellants and ms. sunita goel, the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... goods under the impugned trade mark are not of the same description. the assistant registrar found that the registration of the impugned mark is violative of section 11(a) of the said act since the first respondent has acquired sufficient reputation by use of the mark 'eagle' from the year 1977. the assistant registrar further held that ..... respondent, the assistant registrar had strained himself on the question of use and found that the registration of the impugned mark will be violative of section 11(a) of the said act. the first respondent's registered mark is only in respect of electric switches and the appellant is not seeking registration of the impugned mark under ..... of the appellant being totally different, the registration of the impugned mark ought to have been allowed. even in respect of the question of section 12(3) of the said act the assistant registrar had misdirected himself in finding that the adoption of the trade mark by the appellant is not bona fide which leads to the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... respect of the same class of goods, i.e., toilet preparations and cosmetics, the appellant is not entitled for registration since the same is in violation of section 11(a) of the act. the deputy registrar of - trade marks, new delhi, had elaborately considered this question and upheld the objection of the second respondent. we also entirely endorse ..... counsel for the appellant contended that the appellant is honest and concurrent user of the impugned mark and as such, they are entitled for the registration under section 12(3) of the act. further, the mark applied for being an associated one with the earlier registered mark, the same cannot be refused. he further contended that their already registered ..... appeal has been filed in the high court of delhi in cm (m) no. 29/1997, which stood transferred to this appellate board, by virtue of section 100 of the trade marks act, 1999 and numbered as ta/131/2003-tm/del. 4. we have heard shri n.k. anand, the learned counsel for the appellant and shri b .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the respondent initiated civil and criminal proceedings. if at all the applicant has got any sufficient cause, he could have established his claim for registration under section 12 of the 1958 act and without doing so, he has filed these rectification applications and also set up the others to gain strength. 6. the applicant filed rejoinder denying ..... of a living person adopted for running a restaurant under the trading style new shanti sagar and as such, the trade mark cannot be registered under section 14 of the trade marks act, 1999, without the consent of that person; (4) the respondent obtained the registration of the impugned trade mark in class 30 for manufacture and ..... the applications be clubbed together and heard jointly. hence, we have heard all the applications jointly. 2. all the applications were filed under sections 47, 57 and 125 of the trade marks act, 1999, for removal of the respondent's trade mark from the register of trade marks registry. 3. the case of the applicant in .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... same, the appellant filed the appeal cm (m) no. 325 of 1995 on the file of high court of delhi, which stood transferred to this board pursuant to section 100 of the trade marks act, 1999. 3. we heard shri a.r. lall, learned counsel for the appellant and shri m.r. bhalerao, learned counsel for the first respondent. the contention ..... i have gone through the file carefully and come to the conclusion that the opponents have failed to establish the grounds of opposition under sections 9, 11(a), 11(e), 12(1) and 18(1) of the act. i, therefore, do not prefer to consider the opponents objection in details." from the above order of the deputy registrar it is ..... human use and the mark applied for is deceptively similar to that of the respondent and therefore the impugned mark is not registrable under sections 9, 11(a), 11(e), 12(1) and 18(1) of the act. the respondent filed the counter-statement on the material averments contained in the notice of opposition and contended that they are the proprietors .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... respondent in their registered trade mark and therefore, the appellant cannot claim its proprietory rights in terms of section 18(1) of the act. an objection was also taken under section 9 of the act. 3. the appellant filed its counter on 27.9.1995, refuting all the averments of the third respondent and further stated that the ..... its goods. the registration of the impugned mark would cause confusion and deception during the course of trade and as such, the same is prohibited under section 11(a) read with section 12(1) of the said act. further, the adoption of the impugned mark by the appellant is with a view to trade upon the goodwill and reputation enjoyed by the third .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... raising the plea that the assignment in favour of the appellant is not valid, the said partner ought to have filed an application as prescribed under section 56(1) of the act. in the absence of the application in the prescribed form, the registrar ought not to have initiated any proceeding for rectification. 3. the registrar has ..... in the register, depending upon the genuineness of the information, using his discretion, it is open to him to initiate suo-motu proceedings under section 56(4) of the act. if any application under section 56(1) is filed, the registrar has no discretion, but to initiate the proceedings by issue of notices. in this case, though it ..... ground that the appellant cannot be a valid assignee in respect of the products mentioned in the assignment deed as it is contrary to the terms of section 39 of the act. hence, there is absolutely no infirmity in the order of the registrar calling for any interference by this appellate board. 8. we have carefully considered .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... interconnection. thus, the adoption of the impugned mark by the appellant is dishonest. he did not examine the matter under section 12(1) of the act. he decided in relation of section 18(1) and section 18(4) of the act as against the appellant. 4. the appeal was taken up for consideration and heard arguments on 28th july, 2004, at ..... application. thus, he reached the conclusion that the mark being directly descriptive and laudatory of the goods is not registerable within the meaning of section 9 of the act. in relation to his examination under section 11(a) also, the assistant registrar held against the appellant and found that though the rival goods fall under different classes, but, ..... . an appeal no. 11/1996 was filed in the high court of gujarat at ahmedabad. the same has been transferred to this board in terms of section 100 of the trade marks act, 1999 and has been numbered as ta/266/2004. 2. an application bearing no. 436533 for registration of word mark 'aesculapius' for the goods .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... same by entering an opposition on the ground that the registration of the impugned trade mark would be contrary to the provisions of sections 9, 11(a), 11(e), 12(i) and 18 of the trade and merchandise marks act, 1958. after hearing both the counsel, the assistant registrar of the trade mark, chennai overruled the objection of the respondents and directed .....
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