Trademark Court March 2003 Judgments
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Gopal Dass Arora Vs. Takkar (India) Tea Co.
Court: Trademark
Decided on: Mar-31-2003
Reported in: (2003)(26)PTC393Reg
1. On 31.1.1994, Shri Gopal Dass Arora trading as M/s. Gopal Dass & Sons, at "Bazar Bikanerian, Katra Ahluwalia, Amritsar - 143006, Punjab State" (hereinafter referred to as the applicants) filed on application for registration of a Trade Mark "GOPAL" in respect of Tea included in class 30. The application was numbered as 618131, wherein the user was claimed since 1.4.1981. In due course, the application was examined and was allowed to be advertised before acceptance in the Trade Marks Journal No. 1231 (Supplement) dated 21.9.2000 at its page 269.2. On 8.12.2000, M/s. Takkar (India) Tea Company, Janta Market, Kaithal, Haryana, (hereinafter referred to as the opponents) gave a notice of their intention to oppose the registration of the Trade Marks advertised, as aforesaid, on the basis of various grounds as contained therein. The applicants filed their counter-statement on 18.9.2001 generally denying all the material allegations on contained in the notice of opposition.3. The oppon...
Zaruj Enterprises Vs. Ici India Ltd.
Court: Trademark
Decided on: Mar-28-2003
Reported in: (2003)(26)PTC583Reg
1. On 08.01.1992, Shri Avtar Singh Ramgarhia, Shrimati Parwinder Kaur Ram-garhia and Shrimati Gurdip Kaur Ramgarhia trading as M/s. Zaruj Enterprises at 14, Guru Amar Dass Colony, outside Chatiwind Gate, Amritsar 143001, Punjab State, (hereinafter referred to as the applicants) filed on application for registration of a Trade Mark "DULUX" in respect of Electric-Fans of all kinds and parts thereof included in class 11. The application was numbered as 565175-B. In due course, the application was examined and was allowed to be advertised in Trade Marks Journal No. 1177 dated 16.06.1998 at its page 689.2. On 15.10.1998, M/s. Imperial Chemical Industries PLC, Millbank, London, SWIP 3JF, England and ICI India Ltd., 34, Chowringhee Road, Calcutta-700071 (hereinafter referred to as the opponents) gave a notice of their intention to oppose the registration of the Trade Mark advertised, as aforesaid, on the grounds of its violative under Sections 9, 11(a), 11(e) and 18(f) of the Act.3. The appl...
Kanpur Trading Company Pvt. Ltd. Vs. Afroz Ahmed and Feroze Ahmed
Court: Trademark
Decided on: Mar-24-2003
Reported in: (2003)(26)PTC399Reg
1. These proceedings relate to an application for review filed on 3rd October, 2002 by Afroz Ahmed and Feroz Ahmed trading as Sahana Works, 444, Dariyabad. Allahabad-211003 (hereinafter referred to as the Opponents/Petitioners) to review the Order under Rule 53 (2) passed by the then Deputy Registrar of Trade Marks on 3rd September, 2002.2. Mr. Ajay Sahni and Mr. Ram Naresh Awasthi, Advocates instructed by the Calcutta Trade Marks Company, appeared for and on behalf of the applicants M/s. Kanpur Trading Company Private Limited, 117/H-2/202, Pandu Nagar, Kanpur and none appeared on behalf of the review petitioners/opponents.3. Briefly, the facts are that on 7th January, 1993 the aforesaid Applicants/Respondents made two applications for registration of two label marks consisting of the word 'Ghari' in Class-3 under Application No. 588196 and 588197 in respect of Detergent Cake and Detergent Powder respectively. Both these application were advertised in the Trade marks Journal No. 1224 ...
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