Trademark Court July 2005 Judgments
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Green Valley Biscuits Pvt. Ltd. Vs. Hasmukhrai and Co.
Court: Trademark
Decided on: Jul-28-2005
Reported in: (2005)(31)PTC521Reg
1. A label mark consisting of the word 'SOCIETY' with the words TOUR ACES' was sought for registration in class 30 under Application No.633470 dated 11.7.1994 by the above named Applicants. The mark was claimed to be used sine 1.4.1994. Eventually the application was advertised before acceptance under Section 20(1) proviso vide Trade Marks Journal No. 1251 dated 16.7.2001 at page 1651.2. On 5.8.2001 a notice of opposition on Form TM-5 was lodged by the above named Opponents objecting to the registration of the impugned mark on the following grounds: That the Opponents are carrying on business of manufacturing and marketing and exporting of tea under various trade marks and are registered proprietors of the word 'SOCIETY' and label under Nos. 498406 and 530893 as of 1988 and 1990 respectively and that an application under No. 577911 in class 30 is already advertised and is pending under opposition and that the Opponents registered trade mark 'SOCIETY' label and word are extensively use...
Om Textile Factory Vs. Pepsico Inc
Court: Trademark
Decided on: Jul-11-2005
Reported in: (2006)(32)PTC225Reg
1. Word 'PEPSI' was sought for registration under Applicant No. 687663 in class 25 for the goods "hosiery and readymade garments" by the above named Applicant. The mark was claimed to be used since April, 1992.Eventually the application was advertised before acceptance under Section 20( 1) proviso vide Trade Marks Journal No. Mega 1 dated 25.8.2003 at page 193.2. On 22.1.2004 a notice of opposition on Form TM-5 was lodged by the above named Opponent objecting to the registration of the impugned mark on the following grounds :- That the Opponents are in an established international business and dealing, manufacturing and merchandising of soft drinks, beverages, concentrates, syrups and food products as well as clothing accessories and are using a world famous trade mark 'PEPSI' which enjoys an international reputation and goodwill including India and that they are the registered proprietors of the same in class 32 under Nos. 417908 and 417910 as of 1984 and that various applications in...
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