parties concerned; (c) “associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this ... reference— (a) to “trade mark” shall include reference to “collective mark” or “certification trade mark”; (b) to the use of a mark shall be construed
Section 2 in The Trade And Merchandise Marks Act, 1958
2. Definitions and interpretation.
(1) In this Act, unless the context otherwise requires,- (a) "assignment ... parties concerned; (b) "associated trade Marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this
Section 16 in The Trade Marks Act, 1999
16. Registration of trade marks as associated trade marks.—
(1) Where a trade mark which is registered ... associated trade marks. (5) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade
propose to use the trade mark in relation to those other goods and notwithstanding anything in section 46, the trade mark may, on application ... trade mark, in lieu in each case of the existing registration. (3) A trade mark registered as a defensive trade mark and that trade mark
Trade Marks Act, 1999
44. Assignability and transmissibility of associated trade marks.—
Associated trade marks shall be assignable and transmissible only as a whole
substantially identical trade marks equivalent to use of another.—
(1) Where under the provisions of this Act, use of a registered trade mark is required ... shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity
Section 16 in The Trade And Merchandise Marks Act, 1958
16. Registration of trade marks as associated trade marks.
(1) Where a trade mark which ... trade mark and any part thereof are, in accordance with the provisions of sub-section (1) of section 15, registered as separate trade marks
trade mark, in lieu in each case of the existing registration.
(3) A trade mark registered a defensive trade mark and that trade mark ... apply in respect of the registration of trade marks as defensive trade marks and of trade marks so registered as they apply in other cases
trade mark in relation to the goods or services in respect of which the trade mark is registered. This would mean that a trade mark ... Associated trade marks" means trade marks deemed to be or required to be registered as associated trade marks under this Act.
23. Under Section
marks "Simptran" which is deceptively similar to the plaintiffs registered trade mark "Septran" and also deceptively similar to the associated trade ... trade mark is clearly prima facie spelt out by the plaintiffs.
13. Mr. Anand next contended that the plaintiff's trade mark with associated
