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Smt. Sandhya Sharma Vs. the Registrar of Trade Marks, Trade Marks Regi ...

Court : Intellectual Property Appellate Board IPAB

..... assistant registrar of trade marks, ptc (suppl) (1) 635 (del) had occasion to consider the meaning of the words from any order or decision of the registrar under this act which occurred in a similar appeal provision [section 109(2)] of the trade and merchandise marks act, 1958 which is repealed by the trade marks act, 1999. ..... which is descriptive to the goods and hence the objection under section 9(1) (b) of the trade marks act, 1999 is applicable and the mark is refused. ..... negi, vice-chairman: this appeal under section 91 of the trade marks act, 1999 (hereinafter referred to as the act) is directed against the letter of registrar of trade marks dated 11.3.2005 addressed to the respondent no.2 enclosing therewith a copy of notice of opposition in pursuance of section 21(1) of the act. ..... section 9(1) (b) of the trade marks act, 1999 states that the trade mark which consists exclusively of the mark or indications which may serve in the trade to designate kind, quality, quantity, intended purpose, values, geographical origin or time of production of the goods or rendering of the service or other characteristics of the goods or service shall not be registered. ..... he contended that by filing this appeal the appellant wants to challenge the rejection of his previous application by an order passed in october, 2003 and that any appeal against such order is barred by limitation. ..... the supreme court has, in the case of central bank of india limited v. .....

Gulam Ibrahim and ors. Vs. Basheer Ahmed

Court : Karnataka

Reported in : AIR1970Mys218; 1970CriLJ1246; (1969)2MysLJ63

..... order of the magistrate who dismissed the complaint on the ground that it was a time barred prosecution was reversed by the court of session on the ground that the period of limitation applicable to the prosecution was that prescribed by section 92 of the trade and merchandise marks act, 1958, and not that prescribed by section 15 of the merchandise marks act, 1889 which was repealed. ..... it is clear that both the magistrate and the court of session overlooked the fact that the offences with which the accused was charged are those said to have been committed under sections 482, 483 and 486 of the penal code, whereas the period of limitation to which section 92 of the 1958 act and that to which the repealed act refers, do not refer to prosecutions in respect of offences punishable under the penal code and prescribe a period of limitation for a prosecution for offences committed under ..... who is the accused makes complaint that there was a misapplication of section 92 of the 1958 act, and that the prosecution was really governed by the provisions of the repealed act.2. ..... muralidhara rao contends that having regard to the language of sections 482, 483 and 486 of the penal code, as those sections stood amended at the relevant point of time, the prosecutions ..... appearing for the petitioner however, contended that the court of session had no jurisdiction to set aside the order of discharge made by the magistrate, and that all that it could have done was to make a reference to this court. .....

Colgate Palmolive Co. Limited and anr. Vs. Mr. Patel and anr.

Court : Delhi

Reported in : 2005(31)PTC583(Del)

..... the definition of the 'mark' as contained in clause (j) of section 2 of the trade and merchandise marks act, 1958 is not exhaustive and the definition is such that there is practically no limit to the combination of various types of marks. ..... (2) without prejudice to the provisions contained in the general clauses act, 1987 (10 of 1897), with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the trade and merchandise marks act, 1958 (43 of 1958) shall, if in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act.' 13. ..... registration of the mark limited to colours 'red and white' along with the mark 'colgate' does give the plaintiff company exclusive rights to such a registered mark but does not necessarily make the red and white colour scheme implicate an essential feature thereof. ..... (b) by virtue of priority in adoption, extensive and continuous use, promotion and publicity of the distinctive get up and red and white colour scheme in respect of their dental products, the said get up and the red and white colour scheme has attained immense reputation and goodwill and acquired a secondary signifance as indicative of the trade origin of the plaintiff's dental products. .....

infosys Technologies Ltd. Vs. Jupiter Infosys Ltd. and anr.

Court : Supreme Court of India

..... the first respondent then filed three separate applications before the madras high court, inter alia, under sections 46 and 56 of the trade and merchandise marks act, 1958 (`the 1958 act'). in o.p. no. ..... date of hearing, the defendants are restrained by themselves, their directors, employees, agents and/or others acting on its behalf, from using the trade mark/corporate name infosys or any other mark/name deceptively similar trade mark or colourable imitation thereof as a mark and/or corporate name or as part of a mark and/or business name, in respect of goods and/or services, for publicity on propaganda, on websites and or in domain names, in any way, whatsoever, thereby causing infringement of the registered trade mark infosys of the plaintiff in isolation or in combination with words/letters/numbers their advertisements ..... whenever it can be shown, as here, that the applicant is in the same trade as the person who has registered the trade mark, and wherever the trade mark, if remaining on the register, would, or might, limit the legal rights of the applicant, so that by reason of the existence of the entry on the register he could not lawfully do that which, but for the existence of the mark upon the register, he could lawfully do, it appears to me he has a locus standi to be heard as a person aggrieved."33. ..... the 1958 act was repealed by the trade marks act, 1999 (for short, `the 1999 act'). .....

Zino Davidoff Sa a Corporation Organized Under the Laws of Switzerland ...

Court : Karnataka

..... it was also contended that people belonging to christian community largely use the name david/davidoff as their personal name and as such it cannot be assigned to any one particular individual and thus it was barred under section 9 of the trade and merchandise marks act, 1958 and the registration done by the office of the trade mark register is illegal and as such suit is not maintainable. 7. ..... in this view of the matter, and in terms of the aforesaid discussion, we are of the considered opinion, that the submissions of the learned counsel for the appellant that section 134 of trade marks act overrides the provisions of sections 20 of code of civil procedure and that it impliedly repeals the said provisions, is found to be devoid of merit and is rejected. ..... even so for the limited purpose of considering the prayer fro interlocutory injunction which is intended for maintenance of status quo, the trial court rightly held that the plaintiff has established a prima facie case and irreparable prejudice in its favour which calls for passing an order of interim injunction restraining the defendant company which is yet to commence its business from utilizing the name of mahendra or mahendra and mahendra for the purpose of its trade and business. ..... a glance at the cartons used by both the parties shows that in 1992 when the respondent first started he used the mark laxman rekha on cartons containing colours red, white and blue. .....

Three-n-products Pvt. Ltd. Vs. Amrutha Trading Corporation and ors.

Court : Kerala

Reported in : 2003(27)PTC213(Ker)

..... counsel also took us through the various provisions of the trade and merchandise marks act, 1958. ..... was instituted by the plaintiff alleging that the defendant had infringed their trade mark registered under the provisions of the trade and merchandise marks act, 1956 and also that the defendants passed off their goods which are deceptively similar to those of the plaintiffs and caused damages. ..... for temporary injunction was also filed restraining the defendants and their representatives from infringing the trade mark 'ayur' of the plaintiff and/or from using the business trade mark 'ayush' or any other trade name which is identical with or deceptively similar to the plaintiff's trade mark ayur and also for other consequential reliefs. ..... 135 of 2003, by which the court has passed an order of injunction restraining the registrar of trade marks from registering m/s hindustan lever limited as the proprietor or as the subsequent proprietor of the trade mark 'ayush' under no. ..... conditions provided under sections 37 and 38 of the act have not been complied with by the respondents. ..... also stated that trade mark ayush and ayur are phonetically, structurally and visually different and the colour schemes, get up, shapes and artistic features of both the products are different and distinct. ..... section 2(d) emphasises 'deceptively similar' as a 'mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion .....

Goenka Institute of Education and Research Vs. Anjani Kumar Goenka and ...

Court : Delhi

Reported in : 2009(40)PTC393(Del)

..... the learned counsel for the appellant has placed strong reliance on the provision of section 9 of the repealed trade and merchandise marks act, 1957 and more particularly sub-section 1(d) and sub-section 2 and also the provision of section 9 of the new trademarks act, 1999 to contend that a common surname such as 'goenka' is devoid of distinctive character and to achieve distinctiveness in such a common surname, should not be easily accepted, he has relied upon in this regard, on the commentary of law of trade marks and passing off by p. ..... on the issue with regard to a trade mark becoming common to the trade and hence publici juris the law in this regard is contained in a division bench judgment of this court reported as astrazeneca uk limited and anr. v. ..... : air 1996 bombay 149 also, it was held that the use of surname was not saved by section 34 of the trade and merchandise marks act, 1958 for an artificial person like incorporated company. ..... there is however a third salient feature on the applicability of this doctrine and which is that conditions and limitations can be imposed by the registrar of trade marks while allowing registration of one or more trade mark which are identical or similar in case there is found a case of honest concurrent user. .....

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

Court : Delhi

Reported in : LC2010(1)205

..... an interesting question involving the interpretation of section 98 of the trade marks act, 1999 (tm act, 1999), which is a provision similar to the repealed section 112 of the trade and merchandise marks act, 1958 (tm act, 1958), arises for consideration in this petition.2. ..... in the instant case, the delhi branch having granted the registrations of the marks sought to be rectified, and with the notice to the registrar under section 98 not being limited to deposing about the general practice of the registry, where the registrar was not himself going to depose, he should have ideally authorised an officer from the delhi branch to submit a statement to the ipab. ..... register or in which any question relating to the practice of the trade marks registry is raised;(b) in any appeal to the board from an order of the registrar on an application for registration of a trade mark-(i) which is not opposed, and the application is either refused by the registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or(ii) which has been opposed and the registrar considers that his appearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board ..... , the central government in terms of section 157 of the tm act 1999, had to act within the limits of the powers granted to it. .....

The Registrar of Trade Marks and anr. Vs. Kumar Ranjan Sen and ors.

Court : Kolkata

Reported in : AIR1966Cal311

..... in this case we are concerned with the provisions of the trade and merchandise marks act, 1958 (central act no 43 of 1958). ..... to show cause why the notice of opposition should not be treated as not admissible as having been filed beyond time and as such barred under section 21(1) of the said act read with rule 51 of the trade and merchandise marks rules 1959. ..... the 25th november, 1959 the new trade and merchandise act. ..... in pursuance of sub-section (2) of section 4, the central government has appointed an officer called the deputy registrar of trade marks factually there are several such officers) and the registrar of trade marks, that is to say, the controller, general of patents designs and trade marks, has authorised the deputy registrar of trade marks to bear applications for registration, opposition proceedings, rectification and correction of the registrar, all interlocutory applications and all other matters connected with the ..... this act repealed the indian merchandise marks act, 1889 and the trade marks act, 1940, on the 1st december, 1959 the application was advertised in the trade marks journal which was published on that ..... the first provision to be considered is section 2 which is the definition section under clause (h) of sub-section (1) of section 2, the expression 'high court' has been defined to be the high court having jurisdiction under section 3, namely the high court within the limits of whose appellate jurisdiction the office of the trade marks registry is situate. .....

Kailash Chand Gupta Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2002CriLJ2439; 2002(2)WLC740; 2002(5)WLN153

..... 420 ipc and sections 78 & 79 of the trade & merchandise marks act, 1958 as repealed by section 159 of trade marks act, 1999 and it deserves to be quashed and set-aside.21. ..... (6) notwithstanding anything contained in sub-section (2), the date of expiration of registration of a trade mark registered before the commencement of this act shall be the date immediately after the period of seven years for which it was registered or renewed:provided that the registration of a defensive trade mark referred to in section 47 of the trade and merchandise marks act, 1958 (43of 1958) shall ceased to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier. ..... the power conferred on the high court under articles 226 & 227 of the constitution and under section 482 of the code have no limits but more the power more due care exercise of powers could be under articles 227 of section 482 of the code, it may not always be necessary to invoke the provisions of article 226.'20. ..... have any limits and whether the petitioners are entitled to seek relief of quashing of the complaint filed against them under section 7/16 of the prevention of food adulteration act. .....