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Trademark Court January 2003 Judgments

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Jan 15 2003

Poonam Electricals Vs. Ranjit Electronics

Court: Trademark

Decided on: Jan-15-2003

Reported in: (2003)(26)PTC284Reg

1. On 49, December 1991, M/s. POONAM ELECTRICALS, 434-B, Rishi Nagar, Rani Bagh, Delhi 110034 (hereinafter referred to as the applicant) applied for registration of trade mark, "DUKE" (word per se) vide application No. 564078 in Class 9 and the same was advertised before acceptance in the trade marks journal No. 1180 dated 1, August 1998 at Page 1002 in respect of Electrical Accessories included in class 9 for sale in Delhi. The user claimed by the applicants in the said application was shown as since 1.4.1988.2. On 23.10.1998, M/s. RANJIT ELECTRONICS, 30, Lajpat Rai Market, Delhi 110006 (hereinafter referred to as the opponents) filed the notice of opposition to oppose the registration of the trade mark advertised as aforesaid on the grounds of its violative of Sections 9, 11(a) and 11(e), 12(1), 12(2), 12(3) and 18(1) of the Trade and Merchandise Marks Act, 1958.3. On 7,12.1999, the applicat filed their counter statement generally denying all the material allegations as contained in...


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