Judgment Search Results Home > Cases Phrase: geographical indications of goods registration and protection act 1999 section 74 address for service Page 1 of about 185 results (0.111 seconds)

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd.

Court : Chennai

..... serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service; (c) which consist exclusive of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a ..... . according to the fourth defendant, the expression "use of a mark" is defined in section 2(2)(b) and 2(2)(c) of the trade marks act, 1999 and coupled with the provisions of section 29(6), the act does not confer protection against the use of a trademark as an adword ..... mark a community trade mark shall not entitle the proprietor to prohibit a third party from using in the course of trade:(a) his own name or address;(b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or of rendering of the service, or other characteristics of the goods or service;(c) the trade mark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts, provided he uses them in accordance with honest practices in industrial or commercial .....

People Interactive (India) Private Limited Vs. Vivek Pahwa and Others

Court : Mumbai

..... the statement of objects and reasons of the trade mark act, 1999 does not reveal any intention to widen the scope of amended act so as to specifically cover the protection of trade-marks in domain ..... appeal failed: stokely van camp, inc and anr v heinz india pvt ltd, mipr 2010 (3) 273).that proof is always required of goods or services in the second category, merely descriptive expressions; for these are not ordinarily registrable without such proof. ..... a registered trade mark is not infringed where - (a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services or other characteristics of goods or services 35. ..... for use of name, address or description of goods or services nothing in this act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services ..... is also correct in submitting that sections 30(2)(a) and 35 of the trade marks act, 1999 ( tma 1999 ) entirely cover the situation. ..... a domain name constitutes an address in cyberspace where the registrant s website can be reached. ..... names are not mere internet addresses for finding a string of numbers. .....

Lupin Ltd. and Another Vs. Johnson and Johnson and Another

Court : Mumbai

..... the trade marks act, 1999 is an act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks . ..... section 31 recognizes the rights created by registration and the said rights continue so long as the mark stands registered and the presumption of validity of registration remains valid and operative till it is rebutted at the final disposal of the rectification application by an order for rectification, and not at any stage before that, and only in rectification proceedings before the appropriate authority i.e the registrar or the intellectual property appellate board (ipab). ..... in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service; (c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered: provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well ..... similarly, section 36 provides for saving of words for use of name, address or description of goods or services. 13. .....

The Scotch Whisky Association, Vs. Golden Bottling Limited

Court : Delhi

Reported in : 129(2006)DLT423; 2006(32)PTC656(Del)

..... quite apart from that, as a result of the wto trips agreement, india has passed the geographical indications of goods (registration and protection) act, 1999. ..... section 2(e) of the act defines geographical indication in the following words: -2(e) 'geographical indication', in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.explanation for the purposes of this ..... despite service, no one appeared on behalf of the defendant. .....

Tea Board, India Vs. I.T.C. Limited

Court : Kolkata

..... geographical indications of goods (registration and protection) act, 1999 ..... which is phonetically or structurally similar or identical or deceptively similar to the registered geographical indications darjeeling, the name and logo in the name of the plaintiff in any manner whatsoever and/or passing off or attempting to pass off its business or services so as to discredit the fame of darjeeling tea as a geographical indication and/or to mislead persons as to the nature of the beverages sold at the said premises of the defendant so as to allude a nexus with the registered geographical indications for the name darjeeling or logo and to confuse persons in any manner. ..... sight of the fact that the protection given in respect of certification trademarks relates to any goods or services in respect of which it is registered and the plaintiff has not registered its name as holder of the mark darjeeling in respect of hotel business but for the purpose of certification of tea as one grown in darjeeling district where benefit of sections 28 and 29 of the act is not available ..... . (6) for the purpose of this section, a person uses a registered mark, if, in particular, he (a) affixes it to goods or the packaging thereof; (b) offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark; (c) imports or exports goods under the mark; or (d) uses the registered trade mark on .....

Subhash Jewellery, Represented by C.V. Dayanandan Sole Proprietor Vs. ...

Court : Intellectual Property Appellate Board IPAB

..... 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 which identifies that the ring has been manufactured in payyannur or where the production of the ring takes place. ..... the objects and reasons for enacting this law show that at present there is no specific law governing geographical indications of goods in the country which could adequately protect the interest of the producers of such goods. ..... section 11 (2) (e) requires a statement containing such particulars of the producers of the concerned goods, proposed to be initially registered with the registration of the geographical indication . ..... accompanying statement of case as required under rule 32(1) as to whether it meets the requirements of the act and the rules and for this purpose, he shall ordinarily constitute a consultative group of not more than seven representatives chaired by him for organization or authority or persons well versed in the varied intricacies of this law or field to ascertain the correctness of the particulars furnished in the statement of case referred to in rule 32(1) which shall ordinarily be finalized within three months from ..... the submission that the registered address of the society is the same as the business address of the respondent does not help. .....

Lg Electronics India Pvt Ltd Vs. Bharat Bhogilal Patel and Others

Court : Delhi

Reported in : 2012(5)CTC(IP)1

..... (b) "intellectual property" means a copyright as defined in the copyright act, 1957, trade mark as defined in the trade marks act,1999, patent as defined in the patents act, 1970, design as defined in the designs act, 2000 and geographical indications as defined in the geographical indications of goods (registration and protection) act, 1999; (c) intellectual property law means the copyright act, 1957, the trade marks act,1999, the patents act, 1970, the designs act, 2000 or the geographical indications of goods (registration and protection) act, 1999 ; (d) "right holder" means a natural person or a legal ..... importer or his duly authorized representative, deputy commissioner of customs or assistant commissioner of customs , as the case may be, shall inform the name and address of the right holder and without prejudice to the protection of confidential information the deputy commissioner of customs or assistant commissioner of customs , as the case may be, may also provide additional relevant information ..... implementation of article vi of gatt( general agreement on tariff and trade), for the imposition of anti-dumping duty under section 9a of the customs act, and to which india is a party while interpreting rule 14(d) of the customs tariff (identification, assessment, and collection of anti-dumping duty on /dumped articles and for determination of injury) rules, 1995 ..... service or authority (in the united kingdom, the commissioners), which may include a central administrative office .....

Comite Interprofessionnel Du Vin De Champagne vs.m/s Chinar Agro Fruit ...

Court : Delhi

..... the plaintiff has filed this suit for infringement of geographical indication under section 22 of the geographical indications of goods (registration and protection) act, 1999 (hereinafter referred to as the gi act) for restraining the defendant from committing, inter-alia, acts of infringement of the plaintiff s registered geographical indication champagne by using the name champagne in respect of non-alcoholic sparkling drinks. ..... place of origin of such goods in a manner which misleads the persons as to the geographical origin of such goods; or ***** ***** ***** (3) any person who is not an authorised user of a geographical indication registered under this act in respect of the goods or any class or classes of goods notified under sub-section (2), uses any other geographical indication to such goods or class or classes of goods not originating in the place indicated by such other geographical indication or uses such other geographical indication to such goods or class or classes of goods even indicating the true origin of such goods or uses such other geographical indication to such goods or class or classes of goods in translation of the true ..... as noticed above, the defendant has neither appeared despite service nor filed any written statement to controvert any of the averment in the plaint which are supported by an affidavit and statement of truth.33. ..... the plaintiff has pleaded that the plaintiff is a public service body established by an act of the french parliament. .....

The State Government of Madhya Pradesh vs.union of India & Ors

Court : Delhi

..... it is outside the scope of the seeds act, 1966 (hereafter the seeds act ); second, that the oms encroach upon the power of the petitioner to pass laws in relation to agriculture, which is a state subject; and third, that itventures into the statutory field of the geographical indications of goods (registration and protection) act, 1999 (hereafter the gi act ).4. ..... section 10aof the said act, apeda is also charged with a duty to undertake measures in india and outside india for registration and protection of the intellectual property rights (including gis) in respect of special products listed in the second schedule to the said act ..... arising out of the proposed legislation; (b) fixing minimum standards of germination, purity and other quality factors; (c ) testing seeds for quality factors at the seed testing laboratories to be established by the central government and the state government; (d) creating of seed inspection and certification service in each state and grant of licences and certificates to dealers in seeds; (e) compulsorylabelling of seed containers to indicate the quality of seeds offered for sale; and (f) restricting the export, import and inter-state movement of non-descript seeds. 16. ..... in view of the above, the first and foremost question to be addressed is whether the power to issue om-i can be traced to the provisions of the seeds act and whether the impugned oms are to fill the lacune in the said act and whether respondent no.1 is empowered to do so in exercise .....

itc Limited Vs. the Registrar of Trade Marks and Another

Court : Intellectual Property Appellate Board IPAB

..... if the registration of the mark shall not be allowed because of the provisions of the geographical indication of the goods (registration and protection) act, 1999 that issue will be decided in accordance with law at the appropriate time when it arises. ..... , the learned counsel for the respondent submitted that the respondent is a statutory body and has a duty to protect geographical indications in relation to the goods and has been protecting the mark dargeeling since it would indicate the geographical origin of tea. ..... case is that they have used such names of places in their various hotels where hospitality services are rendered and they applied for registration of the mark. ..... next, we refer to the letter dated 30.01.2009 by which the counsel for the appellant had addressed the counsel for the respondent to withdraw the opposition filed by them against the trade mark in ..... said order the deputy registrar had held the application filed by the appellant herein for registration of trade mark dargeeling lounge in class 42 as abandoned. ..... that delay in filing the appeal is condoned does not mean that a mark for which registration is prohibited will be registered. ..... to the appellant herein the trade mark word and device dargeeling lounge is not used in respect of any goods but as a service mark for the services rendered at the hotel sonar bangla at kolkata. ..... we indicated that it was not proper for the counsel on record to place himself in the position of a witness and it was not desirable either .....