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Application for rectification of the trade mark “KELUR” registered under No.1123243 in Class 5 under the provisions of the Trade Marks Act, 1999. Ans:- Allowed = M/s. Sun Pharmaceuticals Industries Limited, Having office at ACME PLAZA, Andheri – Kurla Road, Chakala, Andheri (East) MUMBAI- 400 059 …Applicant (Represented by Shri Sachin Gupta ) Vs. 1. M/s. Optica Pharmaceuticals, 394-A/6, Sawanpuri Extension, Jagadhari – 135 001 Yamuna Nagar. 2. Registrar of Trade Marks, Baudhik Sampada Bhavan, Near Anntop Hill Head Post Office, S.M.Road, Mumbai-400 037 … Respondents (Represented by None) published in http://www.ipab.tn.nic.in/208-2013.htm

Application for rectification of the trade mark “KELUR” registered under No.1123243 in Class 5 under the provisions of the Trade Marks Act, 1999.   2    The application for rectification was filed on various grounds. The applicant’s main averment was that they had been using the trade mark “KELUR” prior to that of the respondents, who … Continue reading

INTELLECTUAL PROPERTY APPELLATE BOARD = The applicants claim use of the mark “SUSTEN” since the year 2000 whereas the respondents claim use of the mark “SUSTAINE” since the year 2001. The rival marks “SUSTEN” and “SUSTAINE” in our view are deceptively and phonetically similar. In medicinal products the authorities concerned are to be more cautious while granting registration. The applicants are prior in adoption and use and have placed certain evidence to prove their use. The settled principle is that priority prevails over the registered proprietor. 13. When the marks are considered to be similar in respect of identical goods, there is every possibility of confusion being caused among the public. The registration is therefore in contravention of the provisions of the Act. 14. For the above said reasons, the rectification petition ORA/139/2006/TM/MUM is allowed with a direction to the Registrar to remove the trade mark “SUSTAINE” registered under No.1008872 in Class 5 from the register of Trade Marks. No order as to costs. M.P. No.63/2008 is closed.

INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018   CIRCUIT BENCH SITTING AT MUMBAI   M.P.No.63/2008 IN ORA/139/2006/TM/MUM AND ORA/139/2006/TM/MUM                                                                                FRIDAY, THIS THE 3rd DAY OF FEBRUARY, 2012   Hon’ble Smt. Justice Prabha Sridevan                    …  Chairman Hon’ble Ms.S. Usha                                                       …  Vice-Chairman   Sun Pharmaceutical Industries … Continue reading

Abolition of Death Sentence 101. It is only the legislature which can abolish the death penalty and not the courts. As long as the death penalty exists in the statute book it has to be imposed in some cases, otherwise it will tantamount to repeal of the death penalty by the judiciary. It is not for the judiciary to repeal or amend the law, as that is in the domain of the legislature vide Common Cause vs. Union of

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1969 OF 2009 Ajitsingh Harnamsingh Gujral .. Appellant -versus- State of Maharashtra .. Respondent J U D G M E N T MARKANDEY KATJU, J. “Qareeb hai yaaron roz-e- mahshar, Chupega kushton ka khoon kyonkar, Jo chup rahegi zubaan-e- khanjar, Lahu … Continue reading

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