Trademark Court May 2006 Judgments
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Paras Pan Products Vs. Ssg Pharma Pvt. Ltd.
Court: Trademark
Decided on: May-31-2006
Reported in: (2006)(33)PTC416Reg
1. Word 'SATMOLA' was sought for registration in class 30 under Application No. 1283413 dated 11th May, 2004 by the above named Applicant. The mark was claimed to be used since 17th April, 1993.Eventually the application was advertised before acceptance under Section 20(1) proviso vide Trade Marks Journal No. 1328 Supplementary (5) dated 30th March, 2005 at page 9072.2. On 21st July, 2005 a notice of opposition on Form TM-5 was lodged by the above named Opponents objecting to the registration of the aforesaid impugned mark of the Applicant on the following grounds: That the Opponents are carrying on their old established business as manufacturers and merchants of ayurvedic medicinal preparations, tasty chewable tables, diggestive tablets, jaljeera, churan etc. since 1983 and are the registered proprietors of the trade mark 'SATMOLA' by way of assignment deed dated 19th June, 2001 under Nos. 404555 and 415672 and that various applications in different classes are pending for registrati...
Brooke Bond India Ltd. Vs. Girnar Exports
Court: Trademark
Decided on: May-31-2006
Reported in: (2006)(33)PTC517Reg
1. This order will dispose of a proposed opposition dated 1st February, 2006 filed by (1) Viduit Navinchandra Shah, (2) Milind Jagdishchandra Shah, (3) Smt. Charulata Hemant Shah, (4) Smt. Sarmista Pravinchandra Bhansali, (5) Sachin Pravin Bhansali, (6) Utpal Navinchandra Shah, (7) Pravin Kesgav Bhansali (H.U.F.), (8) Harendra Shantilal Shah, (9) Smt.Manjula Harendra Shah, (10) Hemant Jagdishchandra Shah (H.U.F.), (11) Viduit Navinchandra Shah (H.U.F.) and (12) Utpal Navinchandra Shah (H.U.F.) trading as M/s. Girnar Exports, registered partnership firm, at Girnar Complex, Kureshi Nagar, Kurla (East), Mumbai-400 070, State of Maharashtra (hereinafter referred to as "the Opponents") in the above matter. The facts are briefly that the Applicants' trade mark inter alia consisting of the words "RED LABEL" word per se filed under Application No. 601961B in class 30 was advertised in the Trade Marks Journal No. 1331 Supplementary (1) dated 15th June, 2005, which was made available to the pub...
Srilab Breweries Pvt. Ltd. Vs. Scotch Whisky Association
Court: Trademark
Decided on: May-22-2006
Reported in: (2006)(33)PTC527Reg
1. A trade mark consisting of the words 'RARE BLEND' was sought for registration in class 33 for the goods "wines, spirits and liquors" under Application No. 1163330 dated 1st January, 2003 by the above named Applicants. The Mark was proposed to the used on the date of application. Eventually the application was advertised before acceptance under Section 20(1) proviso vide Trade Marks Journal No.Mega 5 dated 14th November, 2003 sat page 7490.2. On 23rd June, 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 of the Applicants on the following grounds: That the Opponent is an old and well established association of members selling there Scotch whisky all over the world including India under international brand names and that there are 57 members engaged in the distillation and/or blending and/or sale of Scotch whisky.3. That principal aim of Opponent is to protect the interest of Scotch whisky tr...
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