Court : Intellectual Property Appellate Board IPAB
(CIRCUIT BENCH SITTING AT AHMEDABAD) ORDER (No. 271 of 2012) HONBLE SHRI V. RAVI, TECHNICAL MEMBER: The applicants herein are seeking the removal from the Register of trade marks of application No. 1457787 in Class 34. The trade mark in question is GOPAL Chhap and the device of Lord Krishna and Cow. ( label/mark). The grounds for rectification are summarised below:- 2. The applicants are the registered proprietors and the owner of the trade mark/label with the device of Lord Krishna which has been used since 1950. They hold many registration with the device of Lord Krishna in Class 34. It is being used in respect of flavoured chewed tobacco, pan masala and other tobacco products. The word Gopal is the permanent and essential features of the trade mark of the applicant. The applicants have registered it both in English and Hindi along with device of Lord Krishna. i) They are also the owners of several copyright registration in respect of GOPAL ZARDA and GOPAL LABEL. ii) To expand their ...
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(Circuit Bench Sitting at Delhi) ORDER (No. 263 of 2012) HONBLE SMT. JUSTICE PRABHA SRIDEVAN, CHAIRMAN: This appeal has been filed against order passed on 31st May, 2011 and related orders dated 31st August, 2007. The order dated 31st May, 2011 is an order passed in a Review Petition filed to review the orders passed on 30th August, 2007. 2. The invention relates to quinazoline derivative of Formula I. According to the inventor, this invention will be used for treatment of cancer. The application was filed on 19th April, 1996. The respondent No. 1 filed a pre-grant opposition on 6th February, 2006. The matter was listed for hearing on 13th June, 2006. But subsequently it was heard on 18th July, 2006. Before orders were passed, another pre-grant opposition was filed by respondent No. 2 on 21st November, 2006 for which hearing was filed on 26th March, 2007. By order dated 30th August, 2007, both the pre-grant oppositions were accepted and the grant was refused. 3. On 19th November, 2007,...
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ORDER (NO.255 OF 2012) HONBLE SMT. JUSTICE PRABHA SRIDEVAN: Payyannur is a territory in the Kannur District of Kerala. The product for which Geographical Indication was granted is a Finger Ring made of gold and silver which is totally hand made. This appeal is against the order passed on 14.07.2009 in an opposition proceedings No.GIR/TOP 2/347/09 granting G.I. registration of Payyannur Pavithra Ring in the name of respondent. The appellant is a third party to the above proceedings. By virtue of the order passed by the Honble Madras High Court in W.P.897/2010, he has filed this appeal. The 1st respondent has been granted the G.I. registration. 2. The applicant/1st respondent claimed that it represents the interests of producers of the Ring and prayed for granting GI. The application was made by Payyannur Pavithra Ring Artisans and Development Society and it was signed by the President for Payyannur Pavithra Ring Artisans and Development Society. The applicant Payyannur Pavithra Ring Art...
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(CIRCUIT BENCH SITTING AT DELHI) ORDER (No.256 of 2012) Honble Smt. Justice Prabha Sridevan, Chairman: Application for Cancellation/Removal of the trademark 555 registered under No.150770 in Class 26. 2. On the last hearing dated 24.07.2012, the counsel who appeared for the respondent submitted that they no longer appear for the applicant. The counsel had written to the respondent and to the Honble Board that they will not appear, so the Registry had sent a notice directly to the applicant and it has been received by them. The acknowledgement card is also received by the Registry, but there is no appearance on behalf of the applicant. Accordingly, ORA/31/2007/TM/DEL is dismissed for non-prosecution. M.P. No.2/2011 is disposed of....
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ORDER (No. 251 of 2012) PRABHA SRIDEVAN, CHAIRMAN: 1. This is a rectification application filed in respect of word mark GEMINI in application No. 1312060 in class 3 registered in the name of Madasiva Prasad, the respondent herein. 2. According to the applicant, he has been using the mark even prior to the respondent and on the basis of registration in his favour, the respondent is initiating legal proceedings in various courts both criminal and civil. 3. We heard the matter on 15/11/2011 and we had requested the Learned Counsel for the applicant to produce the documents filed in the Ongole District Court to prove the prior user. The Miscellaneous Petition No. 60/2012 has also been filed. 4. But today when the matter came up for hearing, a suggestion was mooted that if the applicant restricted his trade to East Godavari District and the respondent to West Godavari District, there may not be any further dispute. The parties have no objection to each other selling in other districts. 5. T...
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ORDER (No. 246 of 2012) PRABHA SRIDEVAN, CHAIRMAN Miscellaneous Petition Nos. 321-323/2012 have been filed for withdrawal of the Rectification Application Nos. ORA/22-24/2009/TM/CH since on 25th May, 2012, there has been settlement between the parties. The Miscellaneous Petition Nos. 321-323/2009 are allowed. The Original Rectification Application Nos. ORA/22-24/2009/TM/CH are dismissed as withdrawn. Consequently, the Miscellaneous Petition Nos. 19-21/2009 are dismissed....
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(CIRCUIT BENCH SITTING AT DELHI) ORDER (No. 243 of 2012) PRABHA SRIDEVAN, CHAIRMAN 1. The basis of a divisional application is the existence of a plurality of invention. This is a sine qua non for seeking a division of an application. This appeal has been filed against the order passed in the matter of a divisional application No. 1427/DEL/1999 (Patent Application No. 371/DEL/1997). The invention related to Optionally Substituted 8-Cyano-1-Cyclopropyl-7-[2,8-Diazabicyclo] [4.3.O] Nonan-8-Y1] -6- Fluoro-1,4 Dihydro-4-Oxo-3- Quinolinecarboxylic Acids And Their Derivatives. The Patent application claims Optionally Substituted 8-Cyano-1-Cyclopropyl-7-[2,8-Diazabicyclo] [4.3.O] Nonan-8-Y1] -6- Fluoro-1,4 Dihydro-4-Oxo-3- Quinolinecarboxylic Acids And Their Derivatives. The patent application was examined and the First Examination Report was made on 2nd July, 1999. The First Examination Report objected that the invention was not patentable under S. 5(1)(b) of the then existing Patents Act, 1...
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(CIRCUIT BENCH SITTING AT DELHI) ORDER (No. 242/2012) S. USHA, VICE-CHAIRMAN: In all, there are four Miscellaneous Petitions as summarized below:- (i) Miscellaneous Petition No. 225/2009: Miscellaneous Petition filed by the appellant to allow this petition and refusing the respondent from frivolous documentary evidence for taking on record. (ii) Miscellaneous Petition No. 226/2009: Miscellaneous Petition filed by the appellants to set aside the impugned order dated 28/06/2001 and remanding back the matter to the Trade Marks Registry and to allow both the appellant and the respondent to file their evidence and thereafter to decide the opposition proceedings. (iii) Miscellaneous Petition No. 39/2012: This Miscellaneous Petition filed by the appellant to reject the evidence filed by the respondent on 18/10/2011 326 documents and to dispose the appeal by remanding back the matter to the Trade Marks Registry. (iv) Miscellaneous Petition No. 77/2012: Miscellaneous Petition filed by the resp...
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(CIRCUIT BENCH SITTING AT DELHI) ORDER (No. 241/2012) S. USHA, VICE-CHAIRMAN: 1. The instant rectification application has been filed for removal of the trade mark CROMPTON SUPER registered under No. 1154614 in class 7. 2. The applicant is a market leader in a number of product groups in the electrical sector. The applicants are dealing in power systems which include manufacture and sale of all types of transformers and a wide range of switchgears besides offering customised solutions for power quality and engineering projects, industrial systems, offer a wide range of motors which find application in all types of industries, state of the art self regulated alternators, railway transportation and signalling products and consumer products which include all types of fans, geysers, luminaries and light sources. 3. The applicant is manufacturing and selling centrifugal pumps, monoblock pumps, submersible pumps, motors under the trade marks CROMPTON GREAVES since the year 1967. CROMPTON GRE...
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Order (No. 240 of 2012) D.P.S. Parmar, Technical Member (Patents): 1. This is a petition filed by Tata Tea Limited for revocation of patent No. 184038 entitled A Method of Making A Tea Composition granted to Hindustan Lever Private Limited. This revocation application was originally filed in the Honble High Court of Bombay under Miscellaneous Petition No.9 of 2004. The Honble High Court of Bombay in its order dated 5.10.206 framed the following issues: (i)Whether the Petitioner proves that Patent No.184038 dated 28th May, 1997 granted to the First Respondent ought to be revoked? (ii) Whether the Petitioner proves that the invention as claimed in any claim of the complete specification was not new as alleged? (iii) Whether the Petitioner proves that the invention so far as claimed in the claims of the complete specification was obvious and did not involve any inventive steps as alleged? (iv)Whether the Petitioner proves that the complete specification does not sufficiently and fairly de...
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