Trademark Court December 2006 Judgments
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B.M. Birla Heart Research Centre Vs. Shree Rajmoti Industries
Court: Trademark
Decided on: Dec-21-2006
Reported in: (2007)(34)PTC288Reg
1. This order will dispose of a proposed opposition dated 28th August, 2006 filed by M/s. Shree Rajmoti Industries, at Bhavnagar Road, Rajkot-3. Gujarat (hereinafter referred to as "the Opponents") in the above matter. The facts are briefly that the Applicant's trade mark inter alia consisting of the device of 'Open seed with pearl' label per se filed under Application No. 1279800 in class 16 was advertised in the Trade Marks Journal No. 1338 Supplementary (1) dated 15th January, 2006 at page 9323-9324, which made available to the public on 1st May, 2006. A notice of opposition alongwith a request on Form TM-44 for extension of time for filing the notice of opposition was filed to the aforesaid application on 28th August, 2006 under Section 21(1) of the Act. The question now arises as to whether the request on Form TM-44 alongwith the notice of opposition filed by the above named opponents on 28 August, 2006 is within the statutory period or not.2. Pursuant to this office letter No. T...
Tosiba Appliances Co. Vs. Kabhushiki Kaisha Toshiba
Court: Trademark
Decided on: Dec-01-2006
Reported in: (2007)(34)PTC117Reg
1. This will dispose of two requests on Form TM-57 filed by Mr. H.P.Singh, Advocate on behalf of Applicants for Rectification (hereinafter referred to as the (Petitioners) requesting to review a common order passed by the Assistant Registrar of Trade Marks signed at Ahmedabad on 12.1.2005 and sealed at Chennai on 31.1.2005 in the above matter; 2. The grounds for review as stated by the petitioners briefly, inter alia, are as follows: That the applicants for rectification came to know about the passing of the order only on 9th March, 2005 when the applicants for rectification Counsel came to possess the book PTC Volume II dated 20th February, 2005 received on 9th March, 2005 where the order of the Assistant Registrar of Trade Marks is published at page 188 and that the applicants for rectification or the attorneys did not receive the hearing notice and the order passed is against the interest of justice and further prayed to review the order giving the applicants for rectification an o...
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