Trademark Court October 2002 Judgments
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Raj Oil Mills Vs. Bombay Oils Industries Ltd.
Court: Trademark
Decided on: Oct-31-2002
Reported in: (2003)(27)PTC223Reg
1. A label consisting of the word COCORAJ with a, device of coconut tree was sought for registration under application No. 549767 dated 25r4-.1991 in class 29 by the above named Applicants. The applicants claimed user since October, 1988. Eventually the application was accepted and duly advertised subject to association of applicants earlier registration No. 328202 in class 29 vide Trade Marks Journal No. 1141 dated 16-12-1996 at page No. 1310.2. On 29-3-1996 a Notice of Opposition by the above given Opponents was lodged on Form TM-5 objecting to the registration of the aforesaid impugned mark of the applicants on the following grounds: 3. That in about the year 1948 the Opponents adopted the trade mark PARACHUTE in respect of edible oils and are using the same extensively with a distinctive colour scheme, layout and other artistic features and thus the same has come to be identified and associated exclusively with them. That the applicants have adopted the impugned mark dishonestly w...
Fourts (India) Laboratories Vs. Gufic Private Limited
Court: Trademark
Decided on: Oct-28-2002
Reported in: (2003)(26)PTC367Reg
1. On 12.5.1982, a label mark consisting of word 'MOLY' was applied for registration by the above named applicants in respect of 'medicinal preparations' in class 5 under application No. 389904 under the provisions of the Trade & Merchandise Marks Act, 1958 (hereinafter referred to as the Act). The user of the impugned mark was claimed since March, 1981. Eventually, the application was advertised before acceptance in the Trade Marks Journal No. 913 dated 16.6.87 at page 2. M/s. Gufic Private Limited, Kabil Pore, Navsari, Gujarat and also Subhash Road - A, Ville Parle (East), Bombay-57, (hereinafter referred to as opponents) lodged a notice of their intention on Form TM-5 dated 11.9.1987 to oppose registration of the impugned trade mark 'MOLY' inter alia stating the grounds of opposition as follows:- (1) The opponents carry on an old, established business as manufacturers and merchants in (pharmaceutical and medicinal preparations) and they are proprietors of several trade marks in...
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