Geographical Indications Of Goods Registration And Protection Act 1999 Section 82 Declarations As To Title Of Geographical Indication Not Registrable Under The Registration Act 1908 - Judgment Search Results

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

Court: Intellectual Property Appellate Board IPAB

protect consumers from deception and also promote goods bearing Indian geographical indications in the export market. Furnishing such particulars in the should be allowed 19. Section 2 (e) of The Geographical Indications of Goods (Registration and Protection) Act,1999, (Act in short) defines Ring takes place. Section 2(k)(iii) pertains to handicraft or industrial goods. In this case, the Rings are made by the goldsmiths be a sine qua non for entertaining the application for registration. The Objects and Reasons for enacting this law show that undoubtedly further the Objects and Reasons and will ensure the protection of the artisans and craftsmanship. A person of expertise should akin to the Section 4 Notice in the Land Acquisition Act. The fact of the filing of the application must be ring. He prayed that the appeal should be allowed 19. Section 2 (e) of The Geographical Indications of Goods (Registration and should be allowed 19. Section 2 (e) of The Geographical Indications of Goods (Registration and Protection) Act,1999, (Act in short) defines It is also alleged that the society obtained the GI registration by suppression and fabrication of documents and that the grant

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

Court: Kolkata

does not confer any right over the word “Darjeeling”, a geographical name, so as to prevent the defendant from rendering its been duly renewed from time to time. 6) The Geographical Indications of Goods (Registration and Protection) Act, 1999 (“G.I. Act”) was to the use of the mark in relation to those goods or services. (2) The exclusive right to the use of geographical indications of goods in specified classes; (e) prohibition of registration of certain geographical indications; (f) provisions for framing of rules provisions for reciprocity, powers of the Registrar, maintenance of index, protection of homonymous geographical indications, etc. 3. The Bill seeks to to know that by operation of Section 21(2) of the Act, the said application for registration DARJEELING LOUNGE was abandoned. 12) 6) The Geographical Indications of Goods (Registration and Protection) Act, 1999 (“G.I. Act”) was promulgated in order, inter alia, to comply in Section 28 and the nature of infringements provided in Section 29 and compare those with Sections 78 and 75 respectively, therewith the defendant has willfully and deliberately falsified a geographical indication registered and owned by the plaintiff, and has also falsely to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark

The Scotch Whisky Association, Vs. Golden Bottling Limited

Court: Delhi

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

in a manner which misleads the public as to the geographical origin of the goods;(b) any use which constitutes an act under the WTO TRIPS Agreement, protection is provided for geographical indications in terms of Article 22 thereof. Article 22.1 defines geographical in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating India has passed the Geographical Indications of Goods (Registration and Protection) Act, 1999. Section 2(e) of the Act defines geographical indication 6. The Plaintiffs have placed on record the Scotch Whisky Act, 1988 enacted in the United Kingdom. Section 3(1) of the passed the Geographical Indications of Goods (Registration and Protection) Act, 1999. Section 2(e) of the Act defines geographical indication in the definition of Scotch whisky contained in an order under that section.8. Rule 3 of the Scotch Whisky Order, 1990 defines Scotch of Article 22 thereof. Article 22.1 defines geographical indications as indications, which identify a good as originating in the territory of

Khoday Distilleries Limited (Now Known as Khoday India Limited) Vs. th ...

Court: Supreme Court of India

Reported in: AIR2008SC2737; 2008(4)AWC3258(SC); 2008(56)BLJR1979; 2008BusLR625(SC); LC2008(2)253; (2008)4MLJ942(SC); 2008(37)PTC413(SC); 2008(9)SCALE40; 2008AIRSCW4560

The Defendants are producing a wine not produced in that geographical area and are selling it under the name of 'Spanish of thus using the name of the real wine to indicate a type. But it appeared that a number of the Nature and kind of customers who would likely to buy goods must also be considered. Surrounding circumstances play an important factor. the goods or services as described in an application or registration or in connection with which a prior mark is in a negative, nay- saying of refusal alone, but in the protection of a mark by registering it and then rejecting later to show that not only oppositions were made, but also actions were initiated against the persons who used the word 'Scot' Section 26 of the Geographical Indication of the Goods Act, 1999 (for short 'the 1999 Act'), the rights of trade marks may notice some of the provisions of the Act. 19. Sections 2(1)(d) ; 11, 27(2); 56 and 109 of the Act careful in their price lists to list such wines under titles or descriptions which showed that they were of a type to the provisions contained in Section 26 of the Geographical Indication of the Goods Act, 1999 (for short 'the 1999 Act'), Reg. T.M. No. 249226-B.4. A proceeding was initiated as regards registration of the trade mark. No opposition was filed by the made thereunder, the provisions of the Code of Civil procedure, 1908 (5 of 1908), shall apply to appeals before a High

Vizag Profiles Ltd. Vs. Rashtriya Ispat Nigam Limited (Rinl), Popularl ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT58

STEEL' is neither a well known trade mark nor a geographical indication. The mere registration of the words 'VIZAG STEEL' does is neither a well known trade mark nor a geographical indication. The mere registration of the words 'VIZAG STEEL' does not the public or allow other party to pass off the goods or infringes the registered trade mark of the plaintiff due contended that the plaintiff's case is not based on exclusive registration of trade mark but based on prior use. The defendant short, the disclaimed parts or matters are not within the protection of the statute. It was further held that it is and is a company registered under the provisions of Companies Act, 1956, and it is popularly known as Visakhapatnam Steel Plant under Section 23(2) Rule 62(1) of the Trade Marks Act, 1999, defendant No. 1 is entitled to use the trade mark combination of them all.... It is therefore clear that the Section itself contemplates that there may be a disclaimer in respect is neither a well known trade mark nor a geographical indication. The mere registration of the words 'VIZAG STEEL' does not with symbol 'I' in the circle until the issuance of registration of trade mark of the first defendant is finally decidf

Hi-tech Pipes Ltd. Vs. Asian Mills Pvt. Ltd.

Court: Delhi

Reported in: 2006(32)PTC192(Del)

it was held that merely because a trade name is geographically descriptive, it does not imply that an action for passing for descriptive words Although a geographical name or a word indicating geographical origin is not prima facie capable of distinguishing it services. The name of a place when applied to any goods will on the face of it indicate that the goods particular type of oil. The case arose out of the registration of the trademark which was being used by a number word 'Chambal' being a geographical name was not entitled to protection while counsel for the plaintiff argued that the action was trade is not entitled to succeed in a passing off action provided he is able to establish the requisite grounds of Under Section 27(2) of the Trade and Merchandise Marks Act, 1999. The defendant contended that its industry was situated on the of the defendant as that of the plaintiff's goods, thereforee, Section 27 of the Act would save the action of the a particular product then it would amount to a geographical indication and cannot be used. Thus 'Kolhapuri' cannot be used for particular type of oil. The case arose out of the registration of the trademark which was being used by a number

Bikanervala Vs. New Bikanerwala

Court: Delhi

Reported in: 2005(30)PTC113(Del)

substantial.''8. The word 'Chambal' is a geographical name and a geographical name can be registered as a trade mark if its definite and specific meaning in ordinary language so as to indicate the origin of the person of the product from Bikaner to believe that the goods of the defendant are the goods of the plaintiffs;(n) A strong prima facie case has been the right against 'passing off' does not arise out of registration of a trade mark but is independent.17. Mr.Sahni has also whether the mark of the plaintiff 'BIKANERVALA' is entitled to protection because of its exclusive adoption an d long user by the Act and Sections 51 and 55 of the Copyright Act, 1957 for permanent injunction restraining infringement of copyright, passing ff the provisions of Section 9 of the Trade marks Act, 1999 which prescribes registration of the trade mark in the nature read with Section 134(1) and 135 of the Act and Sections 51 and 55 of the Copyright Act, 1957 for permanent 1992 the plaintiff adopted a distinctive and eye-catching artistic label titled 'BIKANERVALA' which artistic label in its essential features consists of to the character or quality of the goods or geographical indication may qualify to be a trade mark subject to the or descriptive names which may constitute a disqualification for statutory registration. According to him, the primary duty of the Court would

Khoday Distilleries Limited, a Company Incorporated Under the Companie ...

Court: Chennai

Reported in: LC2007(3)409; 2008(36)PTC315(Mad)

view of the TRIPS agreement and in view of the Geographical Indications Act, the respondents are not entitled to maintain an TRIPS requires member states to make provisions for protecting geographical indications and make provisions for preventing the acts resulting in unfair brand name and the customer also asks and demands these goods only by the brand name; this will clearly prove beyond at the commencement of the rectification proceedings;(4) Whether the impugned registration contravenes Section 11 at the commencement of rectification proceedings; and(5) citizens of India; or(e) which would otherwise be disentiled to protection in a Court;shall not be registered as a trade mark.Section are in addition to the provisions of the Trade Marks Act of TRIPS requires member states to make provisions for protecting that Section 26 of the Geographical Indication of Goods Act, 1999 protects the trade mark where the rights to such trademarks of Section 11 or offends against the provisions of that Section on the date of commencement of the proceedings; or(c) that for the appellant submitted that Section 26 of the Geographical Indication of Goods Act, 1999 protects the trade mark where the the expiration of seven years from the date of such registration, be taken to be valid in all respects unless it

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court: Delhi

Property: Copyright and related rights Trade marks including service marks Geographical indications Industrial designs Lay-out designs of integrated circuits Trade secrets Copyright and related rights Trade marks including service marks Geographical indications Industrial designs Lay-out designs of integrated circuits Trade secrets Patents that whereas the definition of 'goods' under the Sale of Goods Act, 1930, used the expression "every kinds of movable property", patented invention is available at reasonable and affordable prices. This protection is further diluted by virtue of Section 92 of the (iii) of Subsection (1) of Section 140 of the Patents Act to declare clauses in licences and contracts the effect of of substantial amendments by three Acts: The Patents (Amendment) Act, 1999 (17 of 1999); The Patents (Amendment) Act, 2002 (38 of entity is an enterprise or not for the purposes of Section 4(1) of the Competition Act, must be ascertained only in confirmed what ex facie was a nullity for reasons aforementioned." 82. In view of the aforesaid, the fact that Ericsson had took the lead and the result was the path-breaking Doha Declaration on TRIPS and Public Health. This Declaration provides flexibilities and from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort Copyright and related rights Trade marks including service marks Geographical indications Industrial designs Lay-out designs of integrated circuits Trade secrets Patents in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of matters of, (a)

Mount Everest Mineral Water Ltd. Vs. Bisleri International Pvt. Ltd. a ...

Court: Delhi

Reported in: LC2010(1)205

the statement makes no reference to Section 26 of the Geographical Indication of Goods (Registration and Protection) Act 1999 which protects Officer of the Trade Marks Registry, Mumbai to the Petitioner indicates that although the Senior Examiner who filed the statement was mark deceptively similar to it in relation to the Respondent's goods and services. It is stated that an interim arrangement was view of the Registrar on the basis of which the registrations were granted.(d) While under Section 57 TM Act 1999, the Section 26 of the Geographical Indication of Goods (Registration and Protection) Act 1999 which protects marks registered prior to 15th September it. For the purpose of Section 98 of the TM Act 1999, Rule 4 would have no applicability. Further a perusal of the Geographical Indication of Goods (Registration and Protection) Act 1999 which protects marks registered prior to 15th September 2003, the however, not preclude the IPAB from directing the Registrar under Section 98 TM Act to appear and depose before it or of the TM Act 1999 whereby a mark cannot be declared invalid if it has acquired distinctiveness after the grant of statement makes no reference to Section 26 of the Geographical Indication of Goods (Registration and Protection) Act 1999 which protects marks the central government and then be duly authorised by the Registrar to discharge the functions under Section 98 TM Act 1999.