Mark - Year 2010 - Judgments

Sep 03 2010 (TRI)

Bata India Limited Vs. the Deputy Registrar of Trade Marks and Others

Court: Intellectual Property Appellate Board IPAB

Decided on: Sep-03-2010

..... registration on 3 10 1989 as a proposed to be used mark the mark was not put to use as on the date of ..... the fact that the respondent could not establish that the trade mark acquired transborder reputation k the registrar failed to appreciate the fact ..... say that the principle of transborder reputation relating to well known mark can be decided only when the respondents foreign reputation if any .....

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Jun 17 2010 (TRI)

Swastik Pipes Limited Vs. Registrar of Trade Marks, Okhla Industrial E ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Jun-17-2010

..... explanation given by the appellant regarding honest adoption of the trade mark t t f the first respondent has further seriously erred in ..... the imperfect recollection a person is likely to have of a mark with which he is only vaguely acquainted while approving the ..... account of the reason that in our considered opinion that the marks are not deceptively similar therefore the objection raised by the .....

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Jul 30 2010 (TRI)

Saraswathi Publishing Company Pvt. Ltd., Vs. the Registrar of Trade Ma ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Jul-30-2010

..... repeated orders of the courts had filed an application for registration of the label trade mark shri dhanalaxmi copying of the essential features of the applicants calendars shri mahalaxmi claiming ..... registration has been obtained by suppressing the material relevant facts ix the impugned registered trade mark was not distinctive and the date of application of the registered proprietor had no .....

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Jan 28 2010 (TRI)

M/S Shambu Nath and Brothers Vs. the Asst.Registrar of Trade Marks, O/ ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Jan-28-2010

..... the notice of opposition the impugned order was passed on the following grounds a the mark applied for registration had acquired distinctiveness by use and hence qualified for registration under section ..... extensively published and advertised through various medias by extensive use and quality sale the trade mark has acquired immense reputation and goodwill in the market and the public associate the .....

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Jan 28 2010 (TRI)

Jawahar Lal Aggarwal, Sole Proprietor, M/S Johnflex Industries Vs. the ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Jan-28-2010

..... motors and fluorescent fixtures included in class 9 as a proposed to be used mark the mark was advertised before acceptance subject to association of the applicants respondents already registered trade ..... trading style of the second respondents company there exists special circumstances and the impugned trade mark qualifies for registration under section 12 3 of the act 14 the impugned registration .....

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Jan 07 2010 (TRI)

Glenmark Pharmaceuticals Ltd., Vs. the Assistant Registrar of Trade Ma ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Jan-07-2010

..... candid and have obtained registration under the provisions of the trade marks act 1999 hereinafter referred to as the act in respect ..... application of mind and contrary to well established principles of trade marks law 7 that the remarks and allegations made by the ..... it is therefore essential that the register should not contain trade marks which are identical or which so closely resemble each other .....

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Mar 19 2010 (TRI)

Eco Lean Research and Development a/S, a Danish Company Vs. the Assist ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Mar-19-2010

..... as to acceptance of the application as there was already conflicting marks available on the register the appellants counsel after furnishing reply to ..... as the act for the reason that since identical similar trade marks in respect of same similar goods were already on the ..... mere registration in other countries will not qualify the impugned trade mark to be registered in india as we are not aware under .....

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Mar 19 2010 (TRI)

United Foods Public Company Limited Vs. the Assistant Registrar of Tra ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Mar-19-2010

..... the appellant herein filed an application for registration of the trade mark united butterscotch under application no 1404780 on 8 12 05 ..... the applicants goods from the goods of others further the trade mark was admittedly proposed to be used and as such had not ..... has wrongly come to a conclusion that the impugned mark and the conflicting marks in the examination report are likely to cause confusion .....

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Mar 19 2010 (TRI)

Mysore Mercantile Co. Ltd., Vs. the Deputy Registrar of Trade Marks

Court: Intellectual Property Appellate Board IPAB

Decided on: Mar-19-2010

..... the application was refused registration on the ground that the impugned mark had a direct reference to the character and quality of goods ..... natural justice ii the respondent failed to take on record the mark cited in the examination report was in respect of different ..... the objection under section 9 the appellant submitted that the trade mark sunfresh does not have direct reference to the character .....

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Mar 19 2010 (TRI)

National Starch and Chemical Investment Holding Corporation Vs. the As ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Mar-19-2010

..... to agree with the finding of the registrar that the trade mark bond master is descriptive and the same is not capable ..... the appellants have made their submissions to the objection that the mark is distinctive and is registered in various countries the ground that ..... opportunity was personal hearing is not tenable the ground that the mark is registered in various countries is also not maintainable 8 .....

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