advocatemmmohan
trade marks act
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
The applicants have filed this application for rectification after a Civil Suit was filed by the respondent against the applicant before the District Court, Indore. The rival marks are similar for similar goods. The word “aggrieved” person has been defined in Powell’s trade mark case as, “A person aggrieved includes the rivals in the same trade who are aggrieved by the entry of the rival’s mark in the register or person whose legal rights would or might be limited if the mark remains on the register, he could not lawfully do that which, but for the existence of the mark on the register he could lawfully do.” Both the applicant and the respondent are in the same trade. Based on the above, the applicant is prima facie an aggrieved person.The date of use and the proprietorship of the mark is not clear. We are of the view that the trade mark is wrongly remaining on the register without any sufficient cause. The impugned trade mark therefore deserves to be cancelled. The application for rectification ORA/136/2006/TM/MUM is allowed with a direction to the Registrar of Trade Marks to cancel the trade mark CTZ registered under No.1134631 in Class 5 with costs of Rs.3,000/
INTELLECTUAL PROPERTYAPPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018 ORA/136/2006/TM/MUM FRIDAY, THIS THE 9th DAY OF MARCH, 2012 Hon’ble Smt. Justice Prabha Sridevan … Chairman Hon’ble Ms.S. Usha … Vice-Chairman M/s. P.I. Pharmaceuticals Pvt. Ltd. C-257, Eastend Apartments Chilla Delhi-110096. … Applicant … Continue reading
INTELLECTUAL PROPERTY APPELLATE BOARD- On perusal of the records that the PVG label mark has been registered in the name of the applicants as of 24.12.1998 for the goods falling in class 7. The respondent who was working as the manager of the company and the applicant’s husband had the knowledge of the applicants use and registration. The respondent adoption cannot be said to be bonafide. When the adoption is dishonest the respondent cannot be the proprietor of the trade mark. The registration is therefore in contravention of Section 18 of the Act. 11. When the registration is obtained by suppression of material fact from the notice of the Registrar, the entry is deemed to be an entry made without sufficient cause. The respondent has falsely claimed to be the proprietor of the trade mark. 12. The authorities who are the custodian of register are to be more cautious while granting registration. They are to look into their records before the registration is granted. We find an identical trade mark for identical goods are also registered in the year 1998, the present impugned application has been filed in the year 2005. If the officer had been more careful this impugned mark would not have been registered. 13. The impugned trade mark therefore deserves to be expunged. Consequently, the application is allowed with a direction to the Registrar of Trade Marks to remove/cancel the trade mark registered under No.1384443 in class 7. No order as to costs.
INTELLECTUAL PROPERTYAPPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018 ORA/93/2009/TM/CH FRIDAY, THIS THE 3RD DAY OF FEBRUARY, 2012 Hon’ble Ms. S. Usha … Vice-Chairman Hon’ble Shri. V. Ravi … Technical Member D.P. Parimala, 471, Avinashi Road, Coimbatore – 641 004. … Applicant (Represented by Shri … Continue reading
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