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Trademark Court November 2005 Judgments

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Nov 22 2005

Royal Classic Mills Pvt. Ltd. Vs. Polo/Lauren Company

Court: Trademark

Decided on: Nov-22-2005

Reported in: (2005)(31)PTC633Reg

1. This order will dispose of an Interlocutory Petition filed on 12th April, 2005 by M/s The Polo/Lauren Company, L.P., a Limited Partnership organised and existing under the laws of the State of New York, United States of America, of 650 Madison Avenue, New York, New York 10022, United States of America (hereinafter referred to as the Opponents/Petitioner). The case came up for hearing before me on 28th September, 2005. The brief facts of the case are-- 2. The opposition under No. MAS-111156 has been filed by M/s The Polo/Lauren Company, L.P., a Limited Partnership organised and existing under the laws of the State of New York, United States of America, of 650 Madison Avenue, New York, New York 10022, United States of America (hereinafter referred to as the Opponents/Petitioner) on 28.7.2003 to oppose the registration of trade mark "C&C Classic Polo" (label) applied for by the Applicants under Application No. 889702 in class 25.The Applicants filed counter statement on 9.2.2004 a...


Nov 17 2005

Stadmed Private Limited Vs. Abbott Laboratories

Court: Trademark

Decided on: Nov-17-2005

Reported in: (2006)(32)PTC229Reg

1. Word 'ZYTRIN' was sought for registration under Application No.1069985 in class 5 dated 28th December, 2001 in respect of pharmaceutical and medicinal preparations by the above named Applicants. The mark was proposed to be used on the date of application. Eventually the application was advertised before acceptance under the proviso to Section 20(1) vide Trade Marks Journal No. 1306 (S-II) dated 4th November, 2003 at page 174.2. On 16th March, 2004 a notice of opposition on Form TM-5 was lodged by the above named Opponents objecting to the registration of the aforesaid impugned mark on the following grounds:- 3. That the Opponents are a large company and a leading organization in the world in the field of healthcare and are the proprietors of several well-known trade marks including 'HYTRIN' which is being used since the year 1983 and is also registered under No. 420307 in class 5 in India.4. That the Opponents are the registered proprietors of the same trade mark 'HYTRIN' in variou...


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