Judgment Search Results Home > Cases Phrase: trade and merchandise marks act 1958 repealed section 64 opposition to registration of certification trade marks Page 1 of about 53 results (0.211 seconds)

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

Court : Kolkata

Reported in : AIR1966Cal311

..... 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. ..... this act repealed the indian merchandise marks act, 1889 and the trade marks act, 1940, on the 1st december, 1959 the application was advertised in the trade marks journal which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. ..... from the facts stated above, it is obvious that proceedings were pending inasmuch as an application had been made for registration and an opposition had been sent to the registrar at bombay but the deputy registrar at calcutta, overlooking the fact that a notice of opposition had been filed, and that the parties had not been heard and before the contest had been decided in favour of the applicant, allowed the application for registration and issued the certificate. ..... in this case we are concerned with the provisions of the trade and merchandise marks act, 1958 (central act no 43 of 1958). ..... , 1958 (hereinafter referred to as the 'said act') came into force. .....

Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Reported in : 2006(3)AWC2166

..... section 159 deals with repeal and savings clause by which the trade and merchandise marks act, 1958 has been repealed wherein it has been laid down that the provisions of the act, 1999 shall apply to any application for registration of a trade mark pending at the commencement of the act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. ..... reference is made to the provisions of section 71 under which the applications for registration of certification trade marks shall be moved before the registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof and sub-clause (2) of the said section provides that the provisions of sections 18, 19 and 22 shall apply in relation to an application under section 18 subject to the modification that references therein regarding acceptance of an application shall be construed as references to authorization to proceed with an application. ..... the said acceptance has not been withdrawn in terms of section 19 which provides for conditional withdrawal of acceptance of such application before its registration, neither there has been any opposition to the said registration under section 21. .....

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

Court : Karnataka

..... on facts of the 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. ..... 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. ..... learned counsel for appellant would contend that trial court has erroneously interpreted section 137 of trade marks act, 1999 to come to a conclusion that plaintiff ought to have compulsorily furnished the original certificate of trade mark registration and to hold non-production of the original certificate would disentitle the plaintiff to claim an order of temporary injunction. ..... 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. .....

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 civil ..... 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. ..... 29 applied only to suits filed in a "district court", that the expression did not include high court, and that, consequently, the restrictions to defence mentioned in that section did not apply to that case. ..... stated thus, (vide page 447):"section 4, sub-sec. .....

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

Court : Chennai

Reported in : (1989)2MLJ332

..... 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 section 20 of the code of civil procedure that it applicable and not clause 12 of the letters patent. ..... observed as follows:for the reasons 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 ordinary or extraordinary civil ..... jurisdiction conferred by clauses 11 to 18 of the letters patent.however, the reference to the bench became unnecessary because act .....

Eaton Corporation and anr. Vs. Bch Electric Limited

Court : Delhi

..... despite being aware of the reputation of plaintiffs trademark ch (label) worldwide including india and proprietorship of plaintiff no.1 over the trademark ch control under no.205632 in class 9 since 3rd november, 1975 in accordance with the provisions of trade and merchandise marks act, 1958 and having admitted rights of plaintiff no.1 in the registered user agreement, defendant applied for registration of the identical/deceptively similar trademark under no.582999 in class 9 in the year 1992 and obtained registration thereof by playing fraud on the registry and making false claim of proprietorship ..... nothing on record to show that the registered user agreement dated 19th february, 1979 was recorded with the trade marks registry as per section 48 of the trade and merchandise marks act, 1958, thus, it does not lie in the mouth of the plaintiffs to say that use would accrue to the plaintiffs for the period 1979-1986.37. ..... copies of a sample of some of the registration certificates have been filed on record.10. ..... eaton corporation filed notice of opposition under not del- 179395 to oppose registration of trademark cutler-hammer filed by defendant under application no.1189782. ..... the plaintiffs oppositions to the various applications for registration filed by the defendant are pending. ..... the plaintiff no.1 filed notice of opposition opposing registration of the impugned mark subject matter of application no.1189782 on/or around 23rd june 2004 with the registrar of trade marks at new delhi. .....

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

Court : Delhi

Reported in : 2009(40)PTC393(Del)

..... 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. ..... section 12 of the trade mark act, 1999 (equivalent of section 13 of the trade merchandise marks act, 1957) contains the subject matter of ..... in the light of the prima facie facts noted above, balance of convenience and irreparable loss and injury, i am of the opinion that the ex parte ad interim injunction granted to the plaintiffs on 25.11.2004 requires to be vacated.we may make a passing reference to section 33 of the trade marks act, 1999 which now for the first time statutorily provides a period of five years with ..... section 34 of the trade marks act, 1999 provides that priority of use prevails as compared to registration and deals thus with principle well established in the law of trade mark that ordinarily it is the prior user of a trade mark who is the owner of the trade mark ..... 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

..... 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. ..... copies of three certificates under registration nos. ..... a perusal of the rule 4 of the tm rules 2002 shows that it deals with the applications under section 18, the notice of opposition under section 21, the application under section 47 and 57 'or for any other proceedings under the act. ..... for instance, in an application seeking rectification it is pointed out that an opposition filed pursuant to the publication of the application was not considered by the registrar while granting registration. ..... if there is a factual dispute whether such opposition was filed, or filed within time, then that fact can be verified by looking into the records. ..... on the other hand, 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. .....

Kailash Chand Gupta Vs. State of Rajasthan and anr.

Court : Rajasthan

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

..... (2) without prejudice to the provisions contained in the general clauses act, 1897(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. ..... (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. .....

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. ..... there must be real trade connection between the proprietor of the trade and licensee of the goods and the intention to use the trade mark must exist at the date of the application for registration of trade mark and such intention must be genuine and bona fide and continue to subsist in order to disprove the charge of trafficking in trade mark. ..... - (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. ..... the special circumstance is that the appellant filed an application for registration under section 48(1) and continued it till it was abandoned. .....