Judgment Search Results Home > Cases Phrase: trade and merchandise marks act 1958 repealed section 13 prohibition of registration of names of chemical elements Page 1 of about 46 results (0.072 seconds)

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

Court : Karnataka

..... 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. ..... instant case it is required to be noticed that the plaintiffs trade mark has been registered under the trade and merchandise marks act, 1958 initially for the period 1986 to 1993 as evidenced by the certificate of registration issued by the trade marks registry produced along with the plaint at document no.11. ..... trade marks act, 1999 does not have any stringent prohibition as was found in section 9 of the old act. ..... 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. ..... point has sometimes been raised as to whether the words or cause confusion introduce any element which is not already covered by the words likely to deceive and it has some times been answered by saying that it is merely an extension of the earlier test and does not add very materially to the concept indicated by the earlier words likely .....

Mary Thomas Vs. Dr. K.E. Thomas

Court : Chennai

Reported in : AIR1990Mad100; I(1991)DMC47

..... gopi chemical industries, india, (1977) 1 mad lj 286, where it was held as follows:".....according to the learned counsel for the defendant, the suit for infringement of a registered trade mark is filed in this court in its capacity as a district court as defined under the trade and merchandise marks act, 1958 (hereinafter referred to as the act) and that, therefore, it is s. ..... 781-82 of air):"for the reasons given by me, j am of opinion that having regard to the indian succession act of 1925, which has repealed both the probate and administration act and the succession certificate act, and incorporated the provisions of these acts in the body of the indian succession act and has omitted to define the words "district judge" leaving us to fall back on the definition of "district judge" in the general clauses act, the high court is a "district court" when it does not exercise its ordinary or extraordinary ..... 9 of the civil procdure code gives power to every civil court to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred, and the explanation to that section says that a suit in which the right to property or to an office is contested in a suit of civil nature. ..... it is his contention that the provisions of the letters patent are not immutable and are certainly amenable to the new law enacted, namely, the family courts act. .....

Mary Thomas and ors. Vs. Dr. K.E. Thomas and ors.

Court : Chennai

Reported in : (1989)2MLJ332

..... the suit for infringement of a registered trade mark is filed in this court in its capacity as a district court as defined under the trade and merchandise marks, act, 1958 (hereinafter referred to as the act) and that, therefore, it is section 20 of the code of civil procedure that it applicable and not clause 12 of the letters patent ..... gopi chemical industries, india : (1977)1mlj286 supra, which was a case arising under the trade and merchandise marks act of 1958, ..... given by me, i am of opinion that, having regard to the indian succession act of 1925, which has repealed both the probate and administration act and the succession certificate act, and incorporated the provisions of these acts in the body of the indian succession act and has omitted 'to define the words 'district judge' leaving us to fall back on the definition of 'district judge' in the general clauses act, the high court is a 'district court' when it does not exercise its ..... up their conclusion as follows:summing up, it appears to us that in the present case there is no warrant for applying the definition of district judge in the general clauses act, for finding out the jurisdiction of district court under section 62 of act xiv of 1957 especially when it will lead to the anomalous result of a plaintiff aggrieved against the infringement of the copyright arising in the madras city limits being left without ..... letters patent are not immutable and are certainly amenable to the new law enacted, namely, the family courts act. .....

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. ..... -no word:(a) which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical substance or preparation, or(b) which is declared by the world health organisation and notified in the prescribed manner by the registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name, shall be registered as a trade mark and any such registration shall be deemed for the purpose of section 57 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the ..... prohibition of registration of names of chemical elements or international non-proprietary names. ..... : 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. .....

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

Court : Delhi

Reported in : LC2010(1)205

..... 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 ..... , the use of the word himalayan allegedly as a trade mark in relation to natural water not sourced from himalayan mountain range would be deceptive to offend the provisions of section 9(2)(a) of the trade marks act.based on these considerations, the condition as aforesaid [to the effect that registration of the trade mark shall give no right to the exclusive use of device of mountain and word himalaya] was imposed in respect of tm no. ..... the impugned order of the ipab and submitted that:(a) in terms of section 98(2) tm act 1999, it is only that registry which has dealt with the subject matter of the registration, which is competent to file a statement before the ipab particularly since such statement 'shall be evidence in the proceedings'(b) the tm act 1999 has brought about the decentralization of the functioning of the trade marks registry with the head office at mumbai and branch offices in the different regions. ..... of the statement preceding the above three paragraphs relate to the general practice of the trade marks registry as regards names of mountains being not acceptable for registration as trade marks in respect of 'agricultural and natural produce', the above three paragraphs are clearly in relation to 'the instant case .....

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). ..... i 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. ..... on the 25th november, 1959 the new trade and merchandise act. ..... 1 to 3 in their firm of asiatic paints and chemicals informing them that a notice of opposition to the application for registration of trade mark had been filed on the 2nd march, 1960. ..... 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 date. ..... the letter stated that it should be taken to be a notice to show cause why the said registration should not be cancelled, in exercise of the power conferred by section 56(4) of the said act.thereafter, both the parties, namely, the respondents nos. ..... 1 to 3, kumar rajan sen, tushar kanti sen and mrinalkanti sen, partners of the asiatic paints and chemicals, applied for the registration of a trade mark containing the same letters 'a. p. c. ..... 4, addisons paints and chemicals private ltd. ..... 4, addisons paints and chemicals private ltd. .....

Kailash Chand Gupta Vs. State of Rajasthan and anr.

Court : Rajasthan

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

..... (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. ..... 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. ..... is applied -any person who sells, or exposes forsale, or has in his possession for sale or for any purpose of trade or manufacture, any goods of things to which any false trade mark or false trade description is applied or which, being required under section 117 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer or the person for whom the goods are manufactured, are without the indication so required, shall .....

Cycle Corporation of India Ltd. Vs. T. I. Raleigh Industries Pvt. Ltd. ...

Court : Supreme Court of India

Reported in : 1996IVAD(SC)674; AIR1996SC3295; 1996(2)ARBLR5(SC); JT1996(5)SC145; (1996)2MLJ123(SC); 1996(4)SCALE528; (1996)9SCC430; [1996]Supp2SCR820

..... the trade and merchandise marks act, 1958 (43 of 1958) (for short, the 'act) which came into force with effect from october 3, 1958 has repealed the predecessor act and now the act is in operation. ..... - (1) subject to the provisions of section 49, a person other than the registered proprietor of a trade mark may be registered as the registered user thereof in respect of any or all of the goods in respect of which the trade mark is registered otherwise than as a defensive trade mark; but the central government may, by rules made in this behalf, provide that no application for registration as such shall be entertained unless the agreement between the parties complies with the conditions laid down in the rules for preventing trafficking in trade marks. ..... and marketed the bicycles with a brand name and trade marks belonging to the respondents. ..... in view of the prohibition to import bicycles, the respondent was prevented from using the trade mark but by collaboration agreement it was continuing to use the trade mark by the permitted user. ..... the operation of section 48(2) must be construed in such a way that the bona fide user even by a non-registered user, so long as there exist a rational connection between the proprietor of the trade mark and passes off the goods in the market manufactured by the appellant, is construed to be a bona fide user for and on behalf of the registered proprietor, namely, the respondents. .....

Mohd. ZaheeruddIn and ors. Vs. Mohd. YousufuddIn Mansoor and anr.

Court : Andhra Pradesh

Reported in : 2004(3)ALD534; 2004(2)ALT632

..... 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 (43 of 1958) shall cease 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 provisions of the present act will apply to any application for registration of a trade mark pending at the commencement of the said act and to any proceedings consequent thereon and to any registration made in pursuance thereof. ..... section 159 of the present act dealing with repeal and savings reads as hereunder:(1) the trade and merchandise marks act, 1958 (43 of 1958) is hereby repealed. ..... likewise, section 47 of the act deals with defensive registration of well-known trade marks and section 47(4) reads as hereunder;'on application made in the prescribed manner to a high court or to the registrar, by any person aggrieved, the registration of a trade mark as a defensive trade mark, may be cancelled on the ground that the requirements of sub-section (1) are no longer satisfied in respects of any goods in relation to which the trade mark is registered in the name of the same proprietor otherwise than as a defensive trade mark, or may be cancelled as respects, any goods in relation to which it is registered as a defensive trade mark on the ground that there .....

American Home Products Corporation Vs. Mac Laboratories Pvt. Ltd. and ...

Court : Supreme Court of India

Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; [1985]Supp3SCR264

..... the case also involves the question of construction of sub-section (2) of section 48 and consideration of the effect of that sub-section on sub-section (1) of section 18 of the trade and merchandise marks act, 1958.the questions so posed by the high court resolve themselves into the following two questions:(1) whether a proprietor of a trade mark who intends to use it solely by a registered user is entitled to registration of his trade mark under section 18 of the trade and merchandise marks act, 1958? ..... the term 'whitehall products' was defined in the said agreement as meaning 'all formulations owned by or whose sales are promoted under the direction of whitehall laboratories division of american home products corporation or international chemical company limited which are manufactured and sold under the name or trade marks of whitehall laboratories division of american home products corporation or international chemical company limited and packaged in form for sale and distribution by the trade to the ultimate consumer'. ..... the 1940 act was repealed and replaced with effect from november 25, 1959, by the trade and merchandise marks act, 1958 (act no. ..... 109, said (at page 132):if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing so, also imagine as real the consequences and incidents which, if the putative state of affairs had in fact existed, must inevitably have flowed from or accompanied it.56. .....