Judgment Search Results Home > Cases Phrase: trade marks act 1999 47 of 1999 chapter 6 use of trade marks and registered users Court: supreme court of india Page 1 of about 78 results (0.264 seconds)

Dabur India Ltd. Vs. K.R. Industries

Court : Supreme Court of India

Reported in : AIR2008SC3123; 2008(4)AWC3515(SC); LC2008(2)215; (2008)5MLJ1394(SC); 2008(37)PTC332(SC); 2008(8)SCALE385; (2008)10SCC595; 2008AIRSCW5265; 2008(3)LH(SC)2121

..... the defendant satisfies the court-- (i) that at the time he commenced to use the trade mark complained of in the suit he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was registered user using by way of permitted use; and(ii) that when he became aware of the existence and nature of the plaintiffs right in the trade mark, he forthwith ceased to use the trade mark in relation to goods in respect of which it was registered; or (c) where in a suit for passing off the defendant satisfies the ..... we may also at this stage notice the provisions of the trade marks act, 1999, (for short, `1999 act'), section 134 whereof reads:section 134 - suit for infringement, etc. ..... civil remedies for infringement of copyright--(1) where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right; section 62--jurisdiction of court over matters arising under this chapter (1) ... ..... in terms of sub-section (1) of section 62, suit can be instituted and the proceedings can be initiated in respect of matters arising under the said chapter for infringement of the copyright in any work or the infringement of any other right conferred thereunder. .....

Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and ors.

Court : Supreme Court of India

Reported in : AIR1999SC22; JT1998(7)SC243; 1998(5)SCALE655; (1998)8SCC1; [1998]Supp2SCR359

..... chapter v deals with assignment and transmission, while chapter vi deals with the use of trade marks and registered users.45. ..... under section 6 read with section 7 of the act, a register of trade marks, in two parts, namely, part a and part b, is to be maintained with the original register kept at the head office of the trade marks registry and copies thereof at the branch offices. ..... based, as they are, the united states of america, they started the gyrating movement by applying for registration of their trade mark 'whirlpool' to the registrar of the trade marks under the trade marks act, 1940, which has since been replaced by the trade and merchandise marks act, 19s8 and which for the sake of brevity, shall hereinafter be referred to as the 'act'. ..... (6) except as otherwise expressly provided in this section, the provisions of this act shall apply in respect of the registration of trade marks as defensive trade marks and of trade marks so registered as they apply in other case. ..... the present act which, as pointed out above, has repealed the indian merchandise marks act, 1889 and trade marks act, 1940, also provides in section 129 that any document declaring or purporting to declare the ownership or title of a person to a trade-mark other than a registered trade mark, shall not be registered under the indian registration act, 1908.33. .....

M/S. Gujarat Bottling Co. Ltd. and Others Vs. Coca Cola Company and Ot ...

Court : Supreme Court of India

Reported in : AIR1995SC2372; 1995(2)ARBLR249(SC); [1995]84CompCas618(SC); JT1995(6)SC3; (1996)1MLJ15(SC); 1995(4)SCALE635; (1995)5SCC545; [1995]Supp2SCR514; 1995(2)LC698(SC)

..... the above mentioned provisions contained in the act and the rules indicate that the use of registered trade mark by a registered user is subject to fulfilment of certain conditions and for the purpose of registration of a registered user it is necessary for the registered proprietor of the trade mark and the proposed registered user to execute an agreement which must contain the prescribed particulars and must be submitted alongwith the application for registration as a registered user. ..... in clause (m) of section 2 the expression 'permitted use' in relation to a registered trade mark has been defined to mean '(i) the use of a trade mark by a registered user of the trade mark in relation to goods - (a) with which he is connected in the course of trade; and (b) in respect of which the trade mark remains registered for the time being; and (c) for which he is registered as registered user; and (ii) which complies with any conditions or restrictions to which the registration of the trade mark is subject'. ..... further provisions relating to registered user are contained in chapter v (rules 82 to 93) of the trade and merchandise marks rules, 1959 (hereinafter referred to as 'the rules'). .....

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 high court observed:the appeal raises a question of great importance in trade marks law, that is to say 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 tae trade marks act, or to put it differently, do the words 'proposed to be used by him' in section 18 mean 'proposed to be used by the proprietor, his agents and servants' only.... ..... chapter v of these rules consisting of rules 82 to 93 relates to registered users. ..... -(1) subject to the provisions of this section, a person other than the proprietor of a trade mark may be registered as a registered user thereof in respect of all or any of the goods in respect of which it is registered (otherwise than as a defensive trade mark) and either with or without conditions or restrictions.the use of a trade mark by a registered user thereof in relation to goods with which he is connected in the course of trade acid in respect of which for the time being the trade mark remains registered and he is registered as a registered user, being use such as to comply with any conditions or restrictions to which his registration is subject, is in this act referred to as the 'permitted use' thereof. ..... , held (at pages 402-3):i would only add that the 'registered user' provisions of the trade marks act were introduced in 1948, and an intention to take advantage of those provisions would, in my opinion, be a sufficient 'intention to use'.67. .....

Ramdev Food Products Pvt. Ltd. Vs. Arvindbhai Rambhai Patel and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3304; 2006(6)ALD36(SC); 2007(1)ALLMR(SC)402; (2007)1GLR594; JT2006(8)SC393; 2006(33)PTC281(SC); 2006(8)SCALE631; (2006)8SCC726

..... in an action for infringement of a trade mark registered in part b of the register an injunction or other relief shall not be granted to the plaintiff if the defendant establishes to the satisfaction of the court that the use of the mark of which the plaintiff complains is not likely to deceive or cause confusion or to be taken as indicating a connection in the course of trade between the goods in respect of which the trade mark is registered and some person having the right, either as registered proprietor or as registered user, to use the trade mark ..... appellant thereafter issued a public notice on 17.12.1999 calling upon the respondents to restrain themselves from infringing upon the trade mark of the appellant, in respect whereto a public notice was also issued by the respondents herein on 21.12.1999 ..... chapter ii provides for appointment of the controller-general of patents, designs and trade marks for the purpose of the said act ..... the modern law of trade marks by christopher morcom, butterworths 1999, it is stated: the concept of distinguishing goods or services of the proprietor from those of others was to be found in the requirements for a mark to be registrable ..... . shyam sundar ganeriwalla : [1999]2scr541 , this court ..... of 1999 was also dismissed by this court by an order dated 14.12.1999 ..... application for quashing the said complaint was filed before the gujarat high court on 4.8.1999 ..... . (1999) rpc 117 the european court of justice emphasised the test of likelihood of confusion in the following .....

Indian Performing Rights Society Ltd. Vs. Sanjay Dalia and Anr.

Court : Supreme Court of India

..... arising for consideration is as to the interpretation of section 62 of the copyright act, 1957 and section 134(2) of the trade marks act, 1999 with regard to the place where a suit can be instituted by the plaintiff ..... trade marks act, 1999 provided for such an additional forum by enacting sub-section (2) of section 134 of the trade marks ..... trade marks act, ..... there is no doubt about it that the words used in section 62 of the copyright act and section 134 of the trade marks act, notwithstanding anything contained in cpc or any other law for the time being in force , emphasise that the requirement of section 20 of the cpc would not have to be complied with by the plaintiff if he ..... - (1) no suit-- (a) for the infringement of a registered trade mark; or (b) relating to any right in a registered trade mark; or (c) for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered, shall be instituted in any court inferior to a district ..... below : as stated earlier (chapter 1, title 2 intention of the legislature , text and notes 57 to 69, pages 14 to17) and as approved by the supreme court: "the words of a statute, when there is doubt about their meaning, are to be understood in the sense in which they best harmonise with the subject of the enactment and the object which the legislature has ..... "person" includes the registered proprietor and the registered user. 11. .....

Entertainment Network (India) Ltd. Vs. Super Cassette Industries Ltd.

Court : Supreme Court of India

Reported in : 2008(4)ALD47(SC); 2008(5)BomCR719; JT2008(7)SC11; LC2008(2)129; 2008(37)PTC353(SC); 2008(9)SCALE69; 2008AIRSCW6698; 2008(4)Supreme98; 2008(11)SCALE170; 2008(4)LH(SC)2638; 2008AIRSCW6698; 2008(4)LH(SC)2638

..... 16 provides that a right, inter alia, in respect of any work must be claimed only under and in accordance with the provisions of the act unlike trade mark and `passing off rights' can be enforced even though they are not registered. ..... 3(f) of the rome convention defines the term `broadcasting' as under:3(f) `broadcasting' means the transmission by wireless means for public reception of sounds or of images and sounds.article 12 of the rome convention reads as under:article 12if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performers, or to the producers of the phonograms, or to both. ..... published.however, only because the term for holding copyright under the said provisions are different, the same would not mean that the right of the copyright owner in sound recording is somewhat inferior.chapter vi of the act deals with licences.section 30 provides for the licences by owners of copyright. ..... the radio industry was revolutionized by the government of india as in october 1999 for its first phase of granting license for private fm, broadcasting channel, tenders were ..... would appear from the international copyright order, 1999 issued by the central government. ..... chopra : (1999)illj962sc , kapila ..... government issued the international copyright order by a notification published in the gazette of india on 24.3.1999. .....

The Registrar of Trade Marks Vs. Ashok Chandra Rakhit Ltd.

Court : Supreme Court of India

Reported in : AIR1955SC558; [1955]2SCR252

..... this aspect of the matter having been pressed upon the register he took steps under section 46(4) of the trade marks act, 1940 and on the 8th march 1947 issued a notice calling upon the respondent company to show cause why the register should not be rectified by entering a disclaimer of the exclusive right in regard to the word 'shree. ..... what what has been stated above that the existence of one of the two jurisdictional facts referred to in clauses (a) and (b) of section 13 and the finding that the trade mark contains parts or matters to the exclusive use of which the proprietor is not entitled does not conclude the matter and it must further be established that some good reason exists for the imposition of a disclaimer and the tribunal will only exercise the discretionary power for good cause shown. 9. ..... the registration of a trade mark confers substantial advantages on its proprietor as will appear from the sections grounded together in chapter iv under the heading 'effect of registration. ..... if the proprietor has acquired any right by long user of those parts or matters in connection with goods manufactured or sold by him or otherwise in relation to his trade, he may, on proof of the necessary facts, prevent an infringement of his rights by a passing off action or a prosecution under the indian penal code. .....

State of U.P. Vs. Ram Nath, Partner, Panna Lal Durga Prasad, Kanpur

Court : Supreme Court of India

Reported in : AIR1972SC232; 1972CriLJ52; (1972)1SCC130; [1972]2SCR572; 1972(4)LC267(SC)

..... identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii.it is apparent from this definition that for the purposes of chapter x of the act which deals with criminal offences, a trade mark includes a registered as well as un-registered trade mark. ..... defined in section 2(1)(v) to mean :(i) in relation to chapter x (other than section 81), a registered trade mark or a mark 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 as proprietor to use the mark; and(ii) 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 use the mark whether with or without any indication of the .....

National Bell Co. and Gupta Industrial Corporation Vs. Metal Goods Mfg ...

Court : Supreme Court of India

Reported in : AIR1971SC878; (1970)3SCC665; [1971]1SCR70

..... for offences and penalties provided in that chapter) a registered trade mark or a mark used in relation to the 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 as proprietor to use the mark, and in relation to the other provisions of the act a mark used or proposed to be used in relation to the 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 use the mark and includes a certification trade mark registered as such under the provisions of chapter viii. ..... evidence as to when the infringers started manufacturing and the extent of their manufacture and sales, and that the correct principle applicable in such cases was that a few unchallenged, scattered infringements by a number of traders did not render a registered trade mark common, as regards the earlier use of the word 'fifty' and the numeral '50' by lucas and other foreign concerns, the division bench held that they were not the registered trade marks of those companies and that those concerns had used those marks as merely type .....