Court : Intellectual Property Appellate Board IPAB
..... mumbai 400021 and to amend the memo of parties in the instant appeal. 2. the petitioner/appellant filed the above appeal against an order dated 12.12.2007 passed by the assistant controller of patents, mumbai, in the matter of post grant opposition to indian patent no.197823 under section 25(2) of the patents act, 1970. 3. on ..... company in the cause title of the appeal and wherever such name appears ought to be substituted. in the interest of justice the petitioner/appellants seeks leave to amend the name and address of the appellant company. 5. the respondent no.3 filed their reply to the miscellaneous petition stating that the miscellaneous petition is misconceived, ..... matter was being handled by various advocates. the counsel admitted that power authorizing by the new company was not filed as it can be only filed after the amendment/substitution is allowed and he undertook to file it any time on the directions by this board. the counsel in reply to the respondents arguments relied on the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... pending litigations filed by his father mr. u.c. saxena. 6. mr. navneet kumar saxena filed an application before the registrar of societies to accept the alleged amendment in the bye-laws of shri rama chandra mission making provision for election. this was dismissed by the registrar of societies. against the order of dismissal, mr. ..... proprietor and not by any third party. we, therefore, find that the rectification application has been filed by the applicant in accordance with the provisions of the act. therefore, the application for rectification is maintainable. 49. the next issue would be filing of the counter statement by mr. puneet kumar saxena. there is no ..... : application is for cancellation / removal of the trade mark shri ram chandra mission along with a device in class 42 under the provisions of the trade marks act, 1999. 2. the brief facts of the case are:- the applicant shri ram chandra mission is a spiritual organisation engaged in the service of humanity through imparting .....
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..... under section 64(1)(j) [patent obtained by false suggestion and representation], 64(1) (m) [breach of section 8] and 64(1)(o) [amendment made fraudulently], of the act. the petitioners counsel also addressed the grounds of prima facie case, the balance of convenience and irreparable injury for the purpose of making out a case for ..... .2 in the second examination report. the counsel for the petitioner further submitted that such an amendment is in total contravention of section 57 read with section 59 of the act and obtained the grant of patent with such amended specification. the counsel for the petitioner argued on section 59 which specifically provides that no ..... amendment of an application for a patent or a complete specification or any document related thereto shall be .....
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..... the registrar had dismissed them as a matter of record. he submitted that otherwise than in these opposition proceedings, the appellant had no other opportunity to challenge the amendment of the date of user from 1981-82 and improvement of the change of user to 1975 based on the settlement with smt. promila sehgal. 7. the ..... purchasing and selling electrical goods from various parties. it appears that the respondent herein had filed a complaint under section 78 and 79 of the trade and merchandise act, 1958 against unknown person for using their trade mark kundan and kundan cab. a general search warrant was allowed by the metropolitan magistrate pursuant to this complaint. ..... , the priority of user by the appellant who is kundan cable india which had came into existence in january 1981. he submitted that this user has been amended only in 1993 after the litigation had started. till december 1993, the appellant had maintained the 1982 user and only when the appellant came into the picture .....
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..... was familiarly called as mail box applications, and also for providing exclusive marketing rights (emr). the indian parliament made further amendments in the patents act, 1970 through the patents (amendment) act, 2002 (act 38 of 2002) which came into force from 20.05.2003 along with the patents rules, 2003 with a view ..... unsuitable. therefore, the appellant admittedly knew that with the thermodynamic stability of the beta crystal form of imatinib mesylate there is reasonable expectation of success to solve the problem of stability which was the surprising finding of the appellant. considerations of the alleged invention were better processing and storing ..... , stability of suspension during storage, and millability. therefore, knowleddge of the physical properties and polymorphism of the drug substance is essential for the successful development of a new medicine . he also drew our attention to the second article polymorphic transitions of cimetidine during manufacture of solid dosage forms by .....
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..... the patent application no. 85/del/95 by way of third party representation opposition under section 25 (1) of the patents act, 1970, [as amended by the patents (amendment) act, 2005 (hereinafter referred as the act)] before the honble high court of delhi bearing no. fao 136/2007 and cm 5192/2007. the said appeal is a ..... adding conditions, or by restricting, intercepting or suspending its operation, such modification would not amount to a repeal. broadly speaking, the principal object of a repealing and amending act is to 'excise dead matter, prune off superfluities and reject clearly inconsistent enactments. 20. therefore it is very clear, that, when there is a repeal and ..... may satisfy itself that a particular case has been decided according to law." a question in relation to maintainability of a letters patent appeal under the indian succession act came up for consideration before the apex court in subal paul v. malina paul and another [(2003) 10 scc 361], wherein then apex court opined : .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... exercised by the said courts were vested with the ipab and all pending matters were transferred vide section 100 (as amended) of the t. m. act, 1999 and section 117-g of the patents act, 1970 (1970 act in short). the power to correct the error apparent on the face of the record etc., must be understood ..... decided ignoring rule 23. 28. before the present trade marks act, 1999 and patents act, 1970 as amended came into force, the acts that were in existence was the trade and merchandise marks act, 1958 and patent act, 1970 (prior to amendment). section 108 of the trade and merchandise marks act, 1958 dealt with the procedure for application for rectification before ..... a high court under section 46 or section 56 of the said act. section 109 (1) dealt with appeal to the .....
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..... for the high court. 32. before the present trade marks act, 1999 and patents act, 1970 as amended came into force, the acts that were in existence was the trade and merchandise marks act, 1958 and patent act, 1970 (prior to amendment) section 108 of the trade and merchandise marks act, 1958 dealt with the procedure for application for rectification before a ..... be filed and it goes without saying that orders will be passed for continuation of the proceedings. 34. section 58 of the indian patents act, 1970 provides for amending specification before the ipab and the board shall pass orders in any pending proceedings, if it thinks fit allowing the specification to be ..... high court under section 47 or section 56 of the said act. section 109 (1) dealt with appeal to the .....
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..... our orders due to a procedural defect or inadvertent error committed or even on the grounds of violation of principles of natural justice. as already noticed neither the trade marks act, 1999 nor the rules framed thereunder confer power on this board to review its own orders. 8. in view of the above, we allow the review petition no ..... was submitted that the power of attorney dated 24.8.2004 appointing shri k. k. malik as attorney for the appointer is for the purpose to do and perform certain acts, deeds, matters or things, inter alia, to file, prosecute, conduct and carry on any civil or criminal proceedings commenced or to be commenced by the appointer in ..... 25 in the name of the respondent herein, from the register or rectification of the register under section 47/57/125 of the trade marks act, 1999 (hereinafter referred to as the act). this appellate board heard the rectification application in the absence of the counsel for the applicant and dismissed the same as defective and as such .....
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..... in its field over the years. its products are marketed and sold under the trade mark usha and the usha logo. the respondents have been successfully selling their products and is one of the companies which has established made in india brand for its products in the international market and has been ..... license agreement entered into between jay engineering works limited and the respondent. such permission does not enable the respondent to acquire the proprietary rights under the act. the applicant submits that the licensor jay engineering works limited had already filed application for rectification before this board against the respondent herein for removal of ..... herein filed their counter statement raising a preliminary objection as to the maintainability of the application for rectification. the respondent also raised the ground under limitation act. the mark was registered as early as 1975 and has been remaining on the register for almost 30 years on the date of the application for .....
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