Judgment Search Results Home > Cases Phrase: trade marks act 1999 47 of 1999 chapter 6 use of trade marks and registered users Page 9 of about 703 results (0.194 seconds)

Mangalore R.K. Beedies Vs. Mohammed Hanif

Court : Karnataka

Reported in : ILR1993KAR2393; 1993(3)KarLJ37

..... the word 'trademark' means in relation to any provision other than chapter x of the act, vide section 2(v):*** *** ***(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 identity of that person, and includes a certification trade mark registered as such under the provision of chapter viii'.9. ..... the action for infringement is a statutory remedy conferred on the registered proprietor of a registered trade mark for the vindication of the exclusive right to the use of the trade mark in relation to those goods (vide section 21 of the act). ..... section 105 however indicates that a 'passing off' action contemplated under the act, is an action 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. ..... gudimani, air 1988 delhi 329 that a trader acquires a right in a distinctive mark merely by using it upon or in connection with goods irrespective of length of such user and the extent of his trade. .....

Shalimar Chemical Works Ltd., Calcutta Vs. Surender Oil and Dal Mills ...

Court : Andhra Pradesh

Reported in : 2001(1)ALT253

..... or numeral or any combination thereof;' 'trade mark' means-(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 identity of that person, and includes .....

Shalimar Chemical Works Ltd. Vs. Surender Oil and Dal Mills (Refinerie ...

Court : Andhra Pradesh

Reported in : [2004]119CompCas535(AP)

..... or numeral or any combination thereof ;'trade mark' means-- (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 identity of that person, and includes .....

Chandra Bhan Agarwal and anr. Vs. Arjundas Agarwal and ors.

Court : Kolkata

Reported in : AIR1974Cal183

..... section 2 of the act defines 'trade mark' in the following words;'(v) 'trade mark' means- (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 identity of that person, and includes .....

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd.

Court : Chennai

..... according to the fourth defendant, the expression "use of a mark" is defined in section 2(2)(b) and 2(2)(c) of the trade marks act, 1999 and coupled with the provisions of section 29(6), the act does not confer protection against the use of a trademark as an adword. ..... to trade marks and article 9(1)(a) of council regulation (ec) no.40/94 of 20 december 1993 on the community trade mark must be interpreted as meaning that the proprietor of a trade mark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with that trade mark which that advertiser has, without the consent of the proprietor, selected in connection with an internet referencing service, goods or services identical with those for which that mark is registered, in the case where that advertisement does not enable an average internet user, or enables that user only ..... in chapter iv of the said paper, the sct took note of the fact that practices such as unauthorised use of trade marks as key words by search engine operators constituted clear challenges to the traditional application of trade mark law. .....

Intex Technologies (India) Ltd & Anr vs.m/s Az Tech (India) & Another

Court : Delhi

..... . a reference was made to section 107 of the trade marks act, 1999 which provides that if somebody represents an unregistered mark as a registered mark, it would be an offence punishable with upto three years imprisonment ..... defined by stating that it was essential to the success of any claim to passing-off based on the use of given mark or get-up that the plaintiff should be able to show that the disputed mark or get-up has become by user in the country distinctive of the plaintiff's goods so that the use in relation to any goods of the kind dealt in by the plaintiff of that mark or get-up will be understood by the trade and the public in that country as meaning that the goods are the plaintiff's goods. ..... a reference was also made to kerly s law of trade mark and trade names (13th edition) (sweet and maxwell) and, in particular, to the following passage at pages 419 to 420:-"fao (os) no.1/2017 page 10 of 48 reputation it is essential to the success of any claim in respect of passing off, based on the use of a given mark, get-up or other indication of origin, for the claimant to show that this had (at the relevant date) become by user in this country distinctive, to some section of the public, if not of the claimant s goods or business alone .....

Gsk Consumer Healthcare s.a vs.eg Pharmaceuticals & Ors.

Court : Delhi

..... mark biotrivin is not deceptively similar to the mark otrivin ; (v) the defendant has been continuously using the mark biotrivin since 2007 and is thus protected under section 28(3) of the trade marks act, 1999; (vi) the plaintiff has no goodwill or reputation in the mark otrivin ; (vii) no notice under section 25(3) of the trade marks act was ever issued by the registrar of trade marks before expiration of the last registration of the mark of the defendant; (viii) even the trade mark registry website status shows the mark biotrivin to be registered and ..... comm) 238/2019 page 12 of 28 now, because knew that there is no possibility of confusion; reliance is placed on kerly s law of trade marks and trade names fourteenth edition, in chapter 15 paragraph 070 whereof it is opined that a claimant in an action founded on passing off must show not only goodwill and reputation but also damage thereto; there can be no damage to the plaintiff without the plaintiff having any sales in india; (xix) reference is ..... the trade marks act and rules 58 and 60 of the trade marks rules 2017; thus section 124(5) of the trade marks act is not applicable; (xiv) till the date of institution of this suit, the defendant had not applied for renewal of registration; (xv) that since there is no mark in law on the register, the plaintiff could not have applied for removal of the mark or for rectification thereof; (xvi) that even if since 2008 there has been concurrent user by the plaintiff of otrivin and by the .....

Kirloskar Diesel Recon Pvt. Ltd. and Another Vs. Kirloskar Proprietary ...

Court : Mumbai

Reported in : AIR1996Bom149; 1996(2)BomCR642; (1996)98BOMLR972

..... ' includes 'name' and as such, the term 'trade mark' in section 105(c) of the act must ..... 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 ofindicating or so as to indicate a connection in the course of trade between the goods and some persons having the right, either as proprietor or as registered user, to use 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;'the very definition of 'trade mark' includes 'mark' and the very definition of 'mark .....

Consolidated Foods Corporation Vs. Brandon and Company Private Ltd.

Court : Mumbai

Reported in : AIR1965Bom35; (1964)66BOMLR612

..... the expression 'trade mark' is defined in clause (v) of section 2 and it means: -(i) in relation to the other provisions of the 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 identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii.then section 9 prescribes the kinds of trade marks which may be registered in parts a and b of the register of trade marks which is provided for ..... in section 6 of the act. .....

Lowenbrau Ag and anr. Vs. JagpIn Breweries Ltd. and anr.

Court : Delhi

Reported in : 2009BusLR360(Del); 157(2009)DLT791; LC2009(1)356

..... registration to be prima facie evidence of validity-(1) in all legal proceedings relating to a trade mark registered under this act (including applications under 57), the original registration of the trade mark and all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof. ..... section 30(1) of the act stipulates that a person cannot be prevented from using a registered trademark provided the use is in accordance with honest practices in industrial or commercial matters and does not take unfair advantage of or is detrimental to the distinctive character or repute of the trade mark. ..... (2) in all legal proceedings, as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of distinctiveness and that such evidence was not submitted to the registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor in title as to have become distinctive at the date of registration.' 16. ..... the registration of a trade mark confers substantial advantages on its proprietor as will appear from the sections grouped together in chapter iv under the heading 'effect of registration'. ..... the plea of prior user, it was stated, is not available to the defendants as the mark was used by the defendants for the first time in india in 1999 and on that date the plaintiff no. .....