advocatemmmohan
Trade Mark
Application for registration of trade mark “SHARP” was refused after hearing objection , the application was rejected Hence the appeal – Ans. :- Dismissed = 1. Sunil Grover, Trading as Analog Systems, A-10, Ranjit Nagar, Community Centre, Behind Satyam Cinema, New Delhi 100 008. … Application (Represented by Advocate: Shri Mr. M.K. Miglani) 1. Sharp Kabushiki Kaisha (Sharp Corporation), 22-22 Nagaike-Cho-Abeno-Ku, 545 Osaka, Japan (Add. For service in India Mohan Associates, Ceebros Building,D-4, III Floor, Cenetaph Road, Teynampet-18) 2. Deputy Registrar of Trade Marks, Office of the Trade Marks Registry, Okhla Industrial Estate, New Delhi 110 020. … Respondents (Represented by Advocate: Shri Arun C. Mohan) published in http://www.ipab.tn.nic.in/206-2013.htm
Application for registration of trade mark “SHARP” was refused after hearing objection , the application was rejected Hence the appeal – The appellant are engaged in the business of manufacturing and marketing TV Booster, antenna for TV, two in one and converters for the last many years. In 1974, they honestly and bonafidely adopted a … Continue reading
Whether the registration is in contravention of the provisions of Sections 9 (1) (a) & 11 (1) (a) & (b) of the Act…..Ans:-No = M/s. Anuj Textiles Pvt. Limited, 8/5, Rup Chand Ray Street, Kolkatta – 700 001. …Applicant in all applications (Represented by Shri Debnath Ghosh & Gorgi Sen ) Vs. M/s. Anushree Textiles Pvt. Ltd., 14, Amratolla Street, Kolkata – 700 001. … Respondents in all applications (Represented by Shri Mittal Das Gupta) published in http://www.ipab.tn.nic.in/209-2013.htm
As per Section 21 of the Act any person may oppose an application for registration. As per Sections 47 and 57 of the Act, only a person aggrieved shall file an application for rectification. Whether the registration is in contravention of the provisions of Sections 9 (1) (a) & 11 (1) (a) & (b) … Continue reading
Section 52 opposition: amendment to Notice of Opposition considered and allowed – ss 58, 44 and 60 considered – Applicant’s claim to ownership not displaced – Trade Mark not deceptively similar to Opponent’s trade mark – reputation of Opponent’s trade mark not shown – opposition not established. Costs awarded against the Opponent. = The Applicant has “[s]ince around March 2007…been a rice importer and trader in Australia”. He says that he “created” the Trade Mark in around February 2008 and that in around May that year he “began using [it] in partnership with Liberty Impex [Pty Ltd]”, a company that he and a Mr Mohammed Moten had incorporated on 20 May 2008, “in connection with rice and the supply of rice in Australia”. He says he had a verbal agreement with Mr Moten at the time to license the company to use the Trade Mark and that, “It was always understood by [the company and Mr Moten] that I was the sole owner of the Trade Mark and that neither [the company nor Mr Moten] had any rights in [it] other than those under licence from me”. – Section 60 of the Act is reproduced below: Trade mark similar to trade mark that has acquired a reputation in Australia 60. The registration of a trade mark in respect of particular goods or services may be opposed on the ground that: (a) another trade mark had, before the priority date for the registration of the first-mentioned trade mark in respect of those goods or services, acquired a reputation in Australia; and (b) because of the reputation of that other trade mark, the use of the first-mentioned trade mark would be likely to deceive or cause confusion.
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS Re: Opposition by Taj Food Sales Pty Ltd to registration of trade mark application 1313229 (30, 35) – GRAND TIGER Label – in the name of Gerson Rangel DELEGATE: Michael Kirov REPRESENTATION: Opponent: Carmen Champion of Counsel, instructed by Matthews Folbigg Lawyers Applicant: Matthew Hall, Legal Practitioner, … Continue reading
