Court : Intellectual Property Appellate Board IPAB
..... section 32 of the act provides that subject to the provisions of section 35 and 46 of the act original registration of the trade mark will be valid after the expiry of seven years from the date of registration unless it is obtained by fraud or it was registered in contravention of provisions of section 11 of the act or offence to provision on the date of commencement of proceeding or that the trade mark was not at the commencement of the proceeding distinctive of the goods of the ..... (ii)the two rectification applications tra nos.128/2004/tm/del and tra/129/2004/tm/del are restored to the file of the ipab and will be listed for directions before it in its first sitting in ..... khushi ram behari lal (krbl) in tra/128/2004/tm/del and tra/129/2004/tm/del against the registration of the mark taj mahal with device under label no.387177 and the word per se under no.338004 filed under class 30 registered in favour of the respondent new bharat rice ..... same reasons as which we have set out for tra/128/2004/tm/del this appeal would have to be allowed. ..... december, 2004 this board had passed an order in tra/128/2004/tm/del and tra/129/2004/tm/del. ..... the following directions were issued: (i) the impugned order dated 3rd december 2004 of the ipab is set aside. ..... were raised by the learned counsel for nbrm that all the evidence should not be considered in common and submitted that no evidence was filed in tra/129/2004/tm/del or ta/166/2003/tm/del and there was evidence filed in tra/128/2004/tm/del. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... use of trade marks prestige and pre/stage as back as in 1986 when the applicant no.1 filed a criminal complaint against the respondent no.1 which was dismissed and the accused were acquitted of the charged offences by the metropolitan magistrate, delhi vide his order dated 19.5.1992 and subsequently the applicant no.1 filed a suit and obtained ex-parte interim injunction which was after arguments and perusal of documents vacated by the ..... ganesh rolling mills and others, 2005 (31) ptc 113 (ipab), pleaded for dismissal of the present applications as the grounds covered in that rectification application were the provisions of sections 9, 11(a), 12(1) and 18(1) of the act but the learned bench of this appellate board, after considering the status of aggrieved person and finding that the onus had not been discharged for the rectification, had dismissed the ..... that the registration of the trade mark of the appellant is from 1949 and the second respondents user as recognised by the deputy registrar is from 1972, there is no question of availing the benefit of section 33 of the act as the user should be a honest user; should have been using the mark in a bona fide manner but the second respondent does not appear to be falling to such a category. ..... comprehension as to why the registered user will pay income-tax in lakhs on royalty and also royalty to prestige group ..... and later on transferred to the intellectual property appellate board, was allowed on 1.10.2004 by the appellate board. 6. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... sections 60 to 63 came into force and given effect to, by way of this notification of the government of india, the section 116(2) of the principal act was operative and in force; the section 116(2) reads as under: - 116 (2) save as otherwise expressly provided in sub-section (1), an appeal shall lie to a high court from any decision, order or direction of the controller under any of the following provisions, that is to say, section 15, section 16, section 17, section 18, section 19, section 20, section 25, section 27, section 28, section 51, section 54, section 57, section 60, section 61, section 63, sub-section (3) of section 69, section 78, section 84, section 86, section 88 (3), section 89, section 93, section 96 and section ..... or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, penalty, ..... compounds of formula i designated within the specification or its isomers per se ; claims 12 14 were directed to the use of the compound, method of treatment comprising administering the claimed compound and pharmaceutical compositions comprising the claimed compound; claim 15 was directed to an intermediate used in the preparation of the claimed compound ; whereas claim 16 was an omnibus claims directed to compounds ..... 2004 ..... tax act .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the mark cannot pass either the test of section 11 nor the test of section 9 of the act; and (j) public interest would be harmed if this mark remains in the register thereby preventing other persons in our country access to a common indian word denoting an ancient system of medicine. ..... , respondent - here the supreme court explained the principle underlying the expression commencement of proceedings under section 32(c) and the applicability of section 9 after a lapse of seven years after the registration of the mark. ..... house of lords considered the provisions of section 9(5) and held that even if a descriptive name is proved to have acquired a distinctive meaning, it by no means follows that it ought to have been registered under section 9(5) of the act unless it is also adapted to distinguish ..... there are five rectification applications tra/138/2004/tm/del, tra/139/2004/tm/del and tra/116 to 118/2004/tm/del but basically the contentions are the same. ..... the applications tra/138/2004/tm/del (co no.6/2003), tra/139/2004/tm/del (co no.8/2003), tra/116 to 118/2004/tm/del (co no.9 to 11/2003) are allowed with costs of rs.1,00,000/- in aggregate, that is, @ rs.20,000 for each of the rectification ..... the high court of bombay, appeal no.548 of 2007 in notice of motion no.3459 of 2004 in suit no.3419 of 2004 schering corporation and another, appellants vs. ..... in ayur samachar in 2004, the company profile reads as follows: ayur means - ..... (iv)2004 5 scc 267 - godfrey philips ..... have been filed in 2004. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the respondent no.2 that the impugned registration was obtained in fraud suppressing the extensive use of appellants eenadu mark in respect of identical goods and that such registration is hit by sections 9 and 11 of the act is perverse; that the respondent no.2 failed to appreciate that the respondent no.1 did not respond to the notice of renewal sent to him by the registry of trade marks; ..... no.2 to come to the conclusion that in the absence of any evidence of user of impugned mark since the date of its registration i.e.26.5.1986 till the filing of rectification proceedings on 17.5.2004 (in the second para of the impugned order the date mentioned is 9.5.2000), the conclusion is inevitable that the impugned registered trade mark was obviously registered without any bonafide intention on the ..... evidence of user are all fabricated; that the respondent no.2 erred in concluding that in the absence of cst or sales tax registration numbers, the bills and invoices are fabricated; that the finding of the respondent no.2 that the provision of section 47(1)(b) of the act are also satisfied is erroneous; that the respondent no.2 erred in rejecting the user furnished under the name and style of ..... any evidence of user of the impugned mark since the date of its registration on 26.5.2986 till the filing of rectification proceedings on 17.5.2004, the inevitable conclusion is that the registration was obtained without bona fide intention to use and such absence of intention was followed by non- .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... for identical goods to trade upon the reputation of the applicant and therefore, the application is the person aggrieved; (m) that the entry in the register is wrongly remaining on the register within the meaning of section 57 of the act; (n) that the adoption by the respondent is dishonest as the respondent had knowledge of the applicants use of the trademark sparx through an ex-officer of the applicant who joined the service of the respondent; ..... registered and during which period there was no bona fide use in relation to the footwears and as such, the entry relating to the impugned trademark is liable to be rectified in view of the provisions of section 47(1)(b) of the act; (l) that the respondent abandoned the claim of proposed use of the impugned trademark by not using the trademark for a continuous period of 21 years; (m) that the threat of the respondent to invade the applicants ..... in the trade marks journal on 13.12.2004 and the mark was registered on 17.10. ..... [2003 (26) ptc 576(del)] income-tax assessment orders do not prove use of the ..... for registration of the trademark sparx under no.1315804 on 18.10.2004 in clause 25 claiming user since 01.04.2002. ..... to the trademark sparx the applicant filed an application for registration under no.1315804 in class 25 on 18.10.2004 and the same is pending registration. ..... of the mark, the respondent stated that one mr.j.k.sharma left the applicant in the year 1995 and joined various other organisations and later joined the respondent in 2004. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... r1 is the central and sales tax registration which do not refer to the mark rally. ..... the owners of rally fan have also raised a point of law with regards to s.44 of the trade marks act 1999 ( act in short). ..... ex e colly are advertisements from 1993 to 2004. ..... he referred to s.44 of the act. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the registration is in contravention of section 11 sub section 6,8, and 9 of the trade marks act. ..... all the traders including the respondent and the applicants do business nearby sometimes even in the same compound. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... have been obtained by misleading the registrar of trade marks; that the registrations of the impugned marks are contrary to the provisions of sub-sections (1) and (3) of section 11 of the act; that the applications for impugned registrations ought to have been refused under section 12 of the act and that the impugned marks are entered in the register without sufficient cause and the entries are wrongly remaining in the register. 6. ..... the entire assets of mardan industries including the trade mark mardan along with goodwill has devolved upon sardar jagmohan singh which is evident from the income tax assessment records; that pursuant to this family settlement, shri upkar singh and shri harvinder singh along with their children withdrew their capital in full from ..... partnership was recognised by the sales tax department by issuance of above referred assessments. 16. ..... through the copies of sale tax assessment (for the years 1990-1997) in the name of mardan industries and copies of letters dated 7.12.2000 and 11.1.2001 written by sardar jagmohan singh to the assessor and collector, mcd, delhi she submitted that all those documents show that partnership of mardan industries was not dissolved and the memorandum of understanding was never acted upon and the continuation of the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... we find force in the argument of the respondent in this regard relying on the provisions of section 33(1) of the act, which inter-alia provides that where the proprietor of an earlier trade mark has acquiesced for the continuous period of five years in the use of a registered trade mark being aware of that use shall no longer be ..... the conditions under the provisions of section 11 of the act were not satisfied and hence the mark was registerable. ..... as regards, the question of registerability under section 11 of the act, the same cannot be raised as the rival marks are not identical. ..... sale and wide publicity to the said goods of the respondent and also due to superior quality and high efficacy, the said trade mark has become inalienably associated in the course of trade and relevant section of the public, with the respondent and with none else. ..... on account of the deeming provisions of section 159(2) the application filed under the 1958 act continued to be in force and have effect as if made, issued given or done under the corresponding provisions of the act, 1999. ..... out to the documents and submitted that though the applicants trade mark was registered in the year 2006, in the documents pertaining to the year 1997 it was stated as registered which is a false allegation which amounts to an offence. ..... the respondent is also registered manufacturer under the tamil nadu general sales tax act and central excise act. 15. ..... industries, 2004 (28) ptc 566 (sc) - satyam infoway ltd. vs. .....
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