Court : Intellectual Property Appellate Board IPAB
..... aggrieved by this order of the assistant registrar, the appellants have filed an appeal on the file of the delhi high court, new delhi, in cm(m) no.140/97, which stood transferred to this appellate board by virtue of section 100 of the trade marks act, 1999, and numbered as ta/321/2004/tm/del. 4. ..... name is associated with the plaintiff established in the field of automobiles and power equipments and as such the same trade mark has acquired goodwill and reputation, the use of the said trade mark by the defendant was for their product pressure cooker, does mislead the public to believe that the defendants business and goods are that of the plaintiff and such user by the defendant is also diluted and deface the goodwill and ..... once the appellants mark is accepted to be a globally well known and reputed mark, then the use of such identical mark by anybody else would cause confusion in the trade since the purchaser may get confused with the goods or the goods of the new manufacturer is that of the reputed manufacturer of the registered trade mark. ..... name is associated with the plaintiff established in the field of automobiles and power equipments and as such the same trade mark has acquired goodwill and reputation, the use of the said trade mark by the defendant was for their product pressure cooker, does mislead the public to believe that the defendants business and goods are that of the plaintiff and such user by the defendants is also diluted and deface the goodwill and reputation .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... 1997 on the file of the high court of delhi at new delhi and the same was transferred to this board by virtue of section 100 of the trade marks act, 1999 and numbered as ta/137/2003/tm/del. 4. ..... the sales statistics furnished by the appellant and the invoices produced by them would clearly establish the goodwill of the appellant and as such, it cannot be said that they never used their trade mark 'mico ..... motor industries company limited, lodged their notice of opposition on 24.1.1994 opposing the registration of the impugned mark on the ground that they are the manufacturers of ignition systems and devices, parts and fittings for motor vehicles, spark plugs, machine tools, scientific apparatus and instruments, gaskets and allied goods with their trade mark 'mico' in a number of classes and they are the inventors, adopters and sole proprietors of the word ' ..... so far as the use of the mark is concerned, the appellant has furnished their sales statistics in their evidence filed in support of the opposition from the years 1966 ..... some of the invoices were not signed by the issuing authority, many of the invoices were signed by the assistant manager (sales) and atleast those invoices could have been taken into consideration. ..... every year, there is an increase in the sales and in the year 1994, the turnover was ..... in their evidence had submitted the sales statistics from 1966 to 1994 from which it is clear that the sales had increased from rs. ..... the sales turnover of the appellant in the year 1966 .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... is that, in view of the said judgment, tphl cannot rely upon ss 9 and 11 of the trade marks act,1999 to seek cancellation and that would leave only the grounds of bona fide intention to use and/or non-use under section 46 of the trade marks act. ..... 31 drj 412] where the learned judge of honble delhi high court said that the trade mark law is not intended to protect the person who deliberately sets out to take benefit of somebody elses reputation with reference to the goods especially so when the reputation extends worldwide. ..... in re batt and cos trade mark case reported in [(1898) 2 ch d 432 at p.439] that can a man properly register a trademark for goods in which he does not deal ..... division bench of the madras high court held that after having failed in the negotiation to commence a joint venture with the first appellant therein, the respondents therein had thought of marketing their goods as if they belonged to the first appellant and that even an educated person would get an impression that the product was that of the first appellant. ..... the seniority of user was stressed and even prior small sales of goods with the mark are sufficient to establish priority. ..... that sometimes prior small sales of goods are sufficient to establish ..... revenue only by advertisements and not by circulation and the fact that the sales in india is minimal and lack of evidence regarding advertisements for indian goods in the respondent newspaper would show that the quantum of sales did not amount to use in india. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... negi, vice-chairman: this is an appeal under section 91 of the trade marks act, 1999 (hereinafter referred to as the act) directed against the order dated 1. 6. ..... limited and another (1947) 75 clr 203 held as follows : in my opinion the effect of these cases is that in the absence of fraud it is not unlawful for a trader to become the registered proprietor under the trade marks act of a mark which has been used, however extensively, by another trader as a mark for similar goods in a foreign country, provided the foreign mark has not been used at all in australia at the date of the application for registration. ..... to the definition of well-known trade mark under section 2(1)(zg) read with sub-sections (7) to (11) of section 11 of the act and article 16(2) and(3) of the trips agreement 1994 based on article 6 bis of the paris convention 1993, the learned counsel submitted that prima facie the concept of well-known mark is not applicable in the present situation because the instant application is also for the same class of goods as that of the appellant as the 'well-known mark' concept is applicable only to goods or services belonging to different ..... rose and thistle and another 1994 ptc 83 (para 20), a division bench of the calcutta high court observed that the use of the trade mark does not necessarily imply actual sale of the goods bearing such a mark. ..... , air 1998 delhi 126, astrazeneca uk limited vs. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the assignment is without goodwill and is contrary to section 42 of the trade marks act, 1999. ..... shell transource is only a trade name and the applicant cannot claim user as a trade mark for goods or services. ..... 1636283 in respect of records management services, namely, document indexing for others, business process outsourcing services, human capital management outsourcing services, outsourcing services (business assistance), management information, document management and reproduction, sales promotion for others, compiling of statistics, computerized file management system, transcription, data search services, business research, book keeping services, cost price analysis included in class 35 application no. ..... further, that denny jaeger, applicants chief executive officer, believed black mail to be a good mark for future use does not establish a bona fide intent to use. ..... the applicant has to establish that the mark sought to be removed has not been used in relation to the goods during the relevant period. ..... the affidavit should clearly state the details of investigation made by the deponent regarding non user, the persons whom he contacted and the trade directories or other published documents he has consulted and names of individuals contacted who are potential customers of the goods in question and so on. ..... without pleading to that effect, the applicants case is as good as admitted and the respondent cannot in fact let any evidence of user and has not in fact let in any evidence. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... this is an appeal under section 91 of the trade marks act, 1999 (hereinafter referred to as the act) directed against the order dated 11.6.2004 passed by the assistant registrar of trade marks, delhi whereby he allowed the opposition no. ..... according to sub-section (1) of section 18 of the act, any person claiming to be the proprietor of a mark whether used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the registrar in the prescribed manner for the registration of his trade mark, it is very clear that in such a case, some definite intention to use the mark in respect of goods for which registration is sought should be shown. ..... 885112 (as advertised in the mega trade marks journal no.1 dated 25.8.2003 and in respect of the enlarged/wide specification of goods for sale in all over india) at the time of hearing on 8.6.2004 before the registrar in the presence of counsel for the appellant. ..... in the absence of annexures 1 to 48, sales figures not certified by the chartered accountant and non-clarification about the other goods sold, this evidence of user is doubtful to be taken into consideration. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... 805999 and 803449, respectively, from the register or rectification of the register under section 57 of the trade marks act, 1999 (hereinafter referred to as the act). 2. ..... date of filing applications for registration, the word, as claimed by the respondent, is a generic word which is not registrable unless acquires a secondary meaning or a distinctive character with constant user for a considerable period of time, impugned marks and goods covered by them being deceptively similar to the earlier trade mark ultrafilter and goods covered by that mark and there exist likelihood of confusion and deception causing in the mind of consumers and it could not be registered to the extent the earlier ..... it is relevant that for this they have given sales figures but have given to particulars of details of manufacture and sales of leather and stainless steel watch straps and novelty items which they now claim they manufacture. ..... in this behalf it is relevant to note that the reputation, if any, of the defendants in the indian market is obviously from manufacture and sale of hook fastners of synthetic materials which were only under licence. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... circuit bench sitting at delhi) honble shri syed obaidur rahaman, technical member: the respondent no.3 has filed the above mentioned miscellaneous petition under section 92 of trade marks act, 1999 seeking permission of the honble appellate board to take his evidence by way of affidavit filed on 04.02.09 on record without filing the counter statement ..... the implementation of trade marks act, 1999 the said rectification petition was transferred to this honble appellate board by virtue of section 83 and 100 of the trade marks act 1999. ..... 1 against the respondent no.3 with the sole intention to usurp the trade mark soni which was originated/invented and first time adopted by the respondent ..... ltd on 21.11.1997 whereas the petitioner admitted that the trade mark soni belongs to m/s sardar food products, which is a proprietorship concern and shri kawaljeet singh is the proprietor of the ..... 1 and 2 as the respondent no.1 has fraudulently got registered the trade mark soni in his name by concealing the material fact from all the family members as well as the ..... 3 wants to rely upon the petition for rectification of trade mark soni filed by the petitioner hence there was no need to file any counter/written statement and he filed the evidence by way of affidavit in support of the said petition to bring the true material fact before ..... corresponding application is liable to be dismissed being misconceived and filed with the intention to grab the trade mark soni , the label of the respondents no.1 and 2. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... 2011 under section 134 and 135 read with section 27 of the trade marks act, 1999 for permanent ..... counsel also referred to rule 33 of the trade marks act, 1999. ..... the learned counsel submitted that the respondents claim that his other applications for registration of the trade mark india gate with or without device are at various stages of registration which includes opposition is not ..... this applicant herein seeks removal of the trade mark babal hind under no.1359845 in class-30 in the name of the respondent ..... counsel submitted that at this stage with out the counter-statement, the respondent is unable to meet the allegations made regarding the other trade mark applications and the alleged refusal. ..... counsel submitted that on the basis of registration of the mark babal hind , the meaning of which is known only to the respondent the respondent cannot restrain the applicant from using the trade mark india gate . ..... dispose of the miscellaneous petition as follows: the effect of the registration of the mark babal hind shall be stayed as regards the petitioner herein, and the respondent shall not seek any relief against the applicant on the basis of the registered mark babal hind which is the subject matter of the present rectification proceedings. 7. ..... submissions made we are prima facie of the opinion that had the respondent disclosed babal hind meant india gate in arabic, the registrar may have seen all the cited marks india gate and his decision to grant registration may have been different. 6. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... he also submits that the application under 57 (2) of the trade marks act, 1999 on the purview of this section and on the purview of this quotation of learned author, he has right to file subsequent rectification application whatever in numbers. 3. ..... he also relied upon the book savakshas trade mark act 1958, third edition edited by r.k.abichandani. ..... during the pendency of the rectification application, the registrar of trade mark has made another entry in the name of another person l.d.madan. ..... as such, you may clarify as to how another rectification application for the same registered trade mark shall be made. ..... 63/09/tm/ipab filed by you on 24.02.2009 that ora/92/08/tm/del has been filed for rectification of the registered trade mark no.516789 in class 12. ..... in the heading commencement of the proceedings it was quoted res judicata; the question, whether a mark has ceased to be distinctive of the registered proprietors goods, depends upon the state of the things at a particular time; therefore, an aggrieved person would be entitled to file applications any number of times, and the issue would not be res judicata, for in each subsequent application the .....
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