Trademark Court March 2005 Judgments
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Nirma Chemical Works Ltd. Vs. Camy Soap and Oil Mnfg. Co. Ltd.
Court: Trademark
Decided on: Mar-29-2005
Reported in: (2005)(31)PTC286Reg
1. The facts of that matter are that NIRMA CHEMICAL WORKS LIMITED, an Indian Company has been using the name Nirma in or about 1969 as both their corporate name & their principal brand under which they market their products. The products are exported to several countries worldwide. The company, CAMY SOAP & OIL COMPANY started trading in Malawi in the supply to the market of soap under the name NIRMA in 1996. The trademark was registered in 1998 under PART A, of the Trade Mark Act (Cap. 49:01) by CAMY SOAP C/o OIL COMPANY.2. NIRMA CHEMICAL WORKS LIMITED therefore, in this matter is seeking for expangement of the trademark No 77/98 from the register because the continued existence of the trademark in the register is interfering with the company's legitimate use of the trademarks NIRMA & NIMA, the subject of trademark application Nos. 274/99 and 275/99.3. Having examined and considered the above facts and arguments advanced by NIRMA CHEMICAL WORKS LTD & CAMY SOAP & OI...
P.M. Diesels Ltd. Vs. Daimler Chrysler Ag
Court: Trademark
Decided on: Mar-23-2005
Reported in: (2005)(31)PTC275Reg
1. On 16.2.1993 M/s. P.M. Diesels Ltd., Aji Industrial Estate, Rajkot, Gujarat (hereinafter referred to as applicant) applied for registration of trade mark 'BANZO' in respect of Diesel oil Engines and parts thereof (not for land vehicles) electric motors, Mono Blocks, submersible pumps, Centrifugal pumps and parts thereof falling in class 7 under application No. 591019 under the provisions of Trade & Merchandise Marks Act, 1958. The user of the mark was claimed since 1.4.1988. Eventually, the impugned application was advertised as accepted in the trade marks journal No. 1215(S) dated 21.1.2000 at page 2. On 28.2.2000, M/s. Daimler Chrysler AG, Germany (hereinafter referred to as opponent) filed a notice of his intention on form TM-5 to object the registration of the impugned application on the grounds raised under Sections 9, 11(a), 11(e), 12(1) and 18(1) of the Trade & Merchandise Marks Act, 1958 inter alia claiming the world wide use, reputation and registration of his trad...
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