Judgment Search Results Home > Cases Phrase: trade and merchandise marks act 1958 repealed section 65 deposit of regulations governing the use of a certification trade mark Page 1 of about 25 results (0.219 seconds)

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. ..... in order to examine this contention it would be necessary to extract relevant provisions of the act which governs production of registration certificate namely section 137 of the trade marks act, 1999 which reads as under: section 137- evidence of entries in register, etc. ..... 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

..... 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air):"for the reasons given by me, j am of opinion that having regard to the indian succession act of 1925, which has repealed both the probate and administration act and the succession certificate act, and incorporated the provisions of these acts in the body of the indian succession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 jurisdiction conferred by ..... 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. ..... however, not much use has been made by the courts in adopting this conciliatory procedure and the courts continue to deal with family disputes in the same manner as other civil matters and the same adversary approach ..... 23 of the code of civil procedure does not govern this case so as to make this division bench a proper forum to which such an application can .....

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. ..... 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 18 of 1929 was passed which amended the succession act by the insertion of the definition ..... however, not much use has been made by the courts in adopting this conciliatory procedure and the courts continue to deal with family disputes in the same manner as other civil matters and the same adversary approach prevails. ..... in our opinion, section 23 of the code of civil procedure does not govern this case, so as to make this division bench a proper forum to which such an application can be made. .....

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

Court : Delhi

Reported in : 2009(40)PTC393(Del)

..... : 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. ..... section 12 of the trade mark act, 1999 (equivalent of section 13 of the trade merchandise marks act, 1957) contains the subject matter of honest concurrent use. ..... 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. .....

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. ..... 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. ..... the reply dated 25th november 2009 sent by the public information officer of the trade marks registry, mumbai to the petitioner indicates that although the senior examiner who filed the statement was authorized by the registrar for that purpose, there was no notification of the central government appointing him as the designated officer under section 3(2) of the tm act 1999.27. ..... each certificate carries on the top right hand corner the name of the 'appropriate office' as 'delhi'. ..... that brings up the next issue concerning the content of the deposition or statement made by a registrar or his duly authorised subordinate under section 98. .....

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

Court : Kolkata

Reported in : AIR1966Cal311

..... the provisions of the trade and merchandise marks act, 1958 (central act no 43 of 1958) ..... 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 ..... 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 ..... 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 ..... been used in the said act as distinguishable from the word 'registrar' and, therefore, when we come to section 56(4), power is given to the 'tribunal' and cannot mean the exercise of power by the registrar alone, and, therefore, the operation of sub-sections (1) and (2) of section 4 .....

British Health Products India Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1999)(65)ECC806

..... accordingly, there is some force in the arguments advanced on behalf of the assessee that since the name of the two medicines are registered under the trade and merchandise marks act in favour of dabur they are to be excluded in computing the agreegate value of clearances, relying upon the decision of the tribunal in the case of thio pharma referred to above.accordingly, we hold that the value of clearances of these two products are to be excluded from the agreegate value of clearances while determining the entitlement to the benefit of notification no. ..... interest in the business of each other, as contemplated in section 4(4)(c) is something more definite and tangible interest in the assessee's business.the observation made by the tribunal with reference to section 4(4)(c) of the central excise act, 1944 in the case of kersons mfg. co. ..... he submitted that advancing loan standing as guarantee and waiver of interest are not relevant and same is not the criterian in determining the issue of concept of related person as envisaged under section 4(4)(c) of the act and as analised by the supreme court in a series of cases and accordingly advancing free loan or waiver of interest cannot be construed that dil was interested in the business of the appellants. .....

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. ..... 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. ..... any person who-(a) falsifies any trade mark; or (b) falsely applies to goods any trade marks or (c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying, or of being used for falsifying, a trade mark; or (d) applies any false trade description to goods, or (e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactures is required to be applied under section 117, a false indication of such country ..... it is not possible, desirable or expedient to lay down any inflexible rule which would govern the exercise of this inherent jurisdiction. .....

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. ..... sub-section (3) enables the registered proprietor to show special circumstances for the non-use of the trade mark due to which circumstances in the trade, he could not use the trade mark for the above period and not with any intention to abandon the use of trade mark or not to use the trade mark in relation to goods to which the application for rectification relates. ..... according to the learned counsel, the respondents have collaboration agreement with sen raleigh which was taken over by the government under idr act and the appellant came to manufacture, with the technical know-how supplied by the respondents, the raleigh bicycles under the trade mark registered by the respondents in the register of the registrar under the act. ..... - (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. .....

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

Court : Andhra Pradesh

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

..... 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. ..... (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, authorization, consent, application, request or thing made, issued, given or done under the trade and merchandise 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. ..... 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 is no longer any likelihood that the use of the trade mark in relation to those goods .....