Judgment Search Results Home > Cases Phrase: trade marks act 1999 47 of 1999 chapter 6 use of trade marks and registered users Page 1 of about 703 results (0.208 seconds)

M/s. Tata Engineering and Locomotive Co. Ltd. Vs. State of Maharashtra

Court : Mumbai

..... thus, an action for infringement of registered trade marks may succeed in the event the limitations on effect of registered trade marks set out in section 30(2) of the trade marks act, 1999 are not attracted. ..... there is a chapter on use of trade marks and registered users. ..... sonpal is right in submitting that in chapter iv of the trade marks act, 1999 the effect of registration is set out. ..... this act, namely the trade and merchandise marks act, 1958 has been repealed and its re-enactment is the trade marks act, 1999. ..... however, we have to go by the scheme of the trade marks act, 1999 and the trade and merchandise marks act, 1958. ..... he has also relied upon trade marks act, 1999 and a judgment of the united states supreme court in the case of kirtsaeng, dba bluechristine99 ..... he submits that the object and purpose sought to be achieved by the trade marks act, 1999 must not be lost sight ..... other words, mr.sridharan submits that the applicability of the explanation is dependent upon the rights conferred in a holder of the trade mark or patent or a person entitled to a use thereof in terms of the trade marks act, 1999. ..... section 28 of the trade marks act, 1999 deals with rights conferred by registration and reads as under: ..... we do not see how the provisions in the bst act and particularly the definition re-sale as appearing in section 2(26) therein together with its explanation can be construed contrary to our trade marks act, 1999 and the trade and merchandise marks act, 1958 or the patent act, 1970. .....

Registrar of Trade Marks vs.kapoor Saws Manufacturing Co & Ors

Court : Delhi

..... (1) in every proceeding under chapter vii or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that chapter or section, shall be made a party to the proceeding ..... was further contended that once it is provided in section 138 supra that the petitioner registrar of trade marks shall not in any legal proceedings to which it is not a party be compellable to produce the register or any document in its custody, the contents of which can be proved by production of a certified copy issued under the said act, the petitioner registrar of trade marks cannot be summoned as a routine matter, as is generally being done.5. ..... (1) a copy of any entry in the register or of any document referred to in sub-section (1) of section 148 purporting to be 47 certified by the registrar and sealed with the seal of the trade marks registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the ..... the counsel for the petitioner registrar of trade marks drew attention to sections 136, 137 and 138 of the trade marks act, 1999 which provide as under:-" 136. ..... a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done.138. .....

Registrar of Trade Marks Thr Deputy Registrar of Trade Marks vs.sonik ...

Court : Delhi

..... (1) in every proceeding under chapter vii or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that chapter or section, shall be made a party to the proceeding ..... was further contended that once it is provided in section 138 supra that the petitioner registrar of trade marks shall not in any legal proceedings to which it is not a party be compellable to produce the register or any document in its custody, the contents of which can be proved by production of a certified copy issued under the said act, the petitioner registrar of trade marks cannot be summoned as a routine matter, as is generally being done.5. ..... (1) a copy of any entry in the register or of any document referred to in sub-section (1) of section 148 purporting to be 47 certified by the registrar and sealed with the seal of the trade marks registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the ..... the counsel for the petitioner registrar of trade marks drew attention to sections 136, 137 and 138 of the trade marks act, 1999 which provide as under:-" 136. ..... a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done.138. .....

Crocs Inc Usa vs.action Shoes Pvt Ltd & Anr

Court : Delhi

..... the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and (i) in relation to chapter xii (other than section 107), a registered trade mark or a mark used in relation to goods or services for ..... right as proprietor to use the mark; and in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to sue the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and which is capable of distinguishing .....

Crocs Inc Usa vs.bioworld Merchandising India Limited

Court : Delhi

..... the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and (i) in relation to chapter xii (other than section 107), a registered trade mark or a mark used in relation to goods or services for ..... right as proprietor to use the mark; and in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to sue the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and which is capable of distinguishing .....

Crocs Inc. Usa vs.liberty Shoes Ltd & Ors

Court : Delhi

..... the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and (i) in relation to chapter xii (other than section 107), a registered trade mark or a mark used in relation to goods or services for ..... right as proprietor to use the mark; and in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to sue the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and which is capable of distinguishing .....

Crocs Inc Usa vs.bata India Ltd & Ors

Court : Delhi

..... the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and (i) in relation to chapter xii (other than section 107), a registered trade mark or a mark used in relation to goods or services for ..... right as proprietor to use the mark; and in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to sue the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and which is capable of distinguishing .....

Crocs Inc Usa vs.relaxo Footwear Ltd

Court : Delhi

..... the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and (i) in relation to chapter xii (other than section 107), a registered trade mark or a mark used in relation to goods or services for ..... right as proprietor to use the mark; and in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to sue the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and which is capable of distinguishing .....

Crocs Inc. Usa vs.aqualite India Limited and Anr

Court : Delhi

..... the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and (i) in relation to chapter xii (other than section 107), a registered trade mark or a mark used in relation to goods or services for ..... right as proprietor to use the mark; and in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to sue the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and which is capable of distinguishing .....

Cott Beverage Inc., a Georgia Corporation Vs. Silvassa Bottling Compan ...

Court : Mumbai

Reported in : 2004(2)ALLMR440; 2004(4)BomCR256; 2004(29)PTC679(Bom)

..... - infringement of trade marks: (1) a registered trade mark in infringed by a person who, not being the registered proprietor of the trade mark or a registered user thereof using by way of permitted use, uses in the course of trade a mark which is identical with, or deceptively similar to, the trade mark, in relation to any goods in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. ..... have been advertising their product as 'rc cola' from 1999, much before the plaintiff's were assigned the trade mark in their favour from the assignor-royal crown company ..... it would be relevant to take into consideration some of the provisions of chapter iv, section 27 and section 29 of the trade and merchandise marks act, 1958, which are relevant, the same are reproduced hereinbelow: 'section 27 - no action for infringement of unregistered trade mark:(1) no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark. ..... that the defendant acquired the right of property in connection with its goods 'rc cola' by adopting the mark and launching its goods in the market on december 5,1999 and from that date the defendant was entitled to its mark, since the goods had assumed vendible character and having been launched in the market and since the plaintiff had not used the mark in india prior to the adoption and use by the defendant. .....