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21 - 30 of 82 (0.45 seconds)Section 29 in The Trade Marks Act, 1999 [Entire Act]
N.R. Dongre And Ors vs Whirlpool Corporation And Anr on 30 August, 1996
"13. ...... Registration is only prima facie
evidence of its validity and the presumption of prima
facie validity of registration is only a rebuttable
presumption, see para 31 of N.R. Dongre Vs. Whirlpool
Corp. 1995 (34) DRJ 109 (DB).
Milmet Oftho Industries & Ors vs Allergan Inc on 7 May, 2004
As observed
by the Supreme Court in Milment Oftho Industries's case, the
Court must keep in mind the fact that now-a-days, the field of
medicine is of an international character. Doctors, particularly
eminent Doctors, medical practitioners and persons or Companies
connected with medical field keep abreast of latest developments in
medicine preparations worldwide. Medical literature is freely
available in this country. Doctors and medical practitioners and
persons connected with the medical field regularly attend medical
conferences, symposiums, lectures, etc. Goods are widely advertised
in newspapers, periodicals, magazines, and on the internet. This
results in a product acquiring a worldwide reputation in a very short
time. If the trade mark in respect of a medicine is associated with
the Defendant worldwide, it would lead to an anomalous situation if
an identical mark in respect of a similar medicine is allowed to be
sold in India only on the ground that the Plaintiff got it registered in
India first. The ultimate test should be who is first in the market.
P.M. Diesel Pvt. Ltd. vs Thukral Mechanical Works And Anr. on 27 October, 2004
Ltd. v. Thukral Mechanical Works.16 In this case the plaintiff was a
registered proprietor of the trademark 'FIELD MARSHAL' The
plaintiff had filed a suit against the defendant in respect of
infringement of its trademark. The defendant had also obtained
registration of trademark 'FIELD MARSHAL'. The plaintiff had filed
an application for cancellation of defendant's registration. The
Court observed in paragraphs 7, 13 and 17 as under :
Marico Limited vs Agro Tech Foods Limited on 1 November, 2010
56. The Division Bench of the Delhi High Court in Marico
Limited v. Agro Tech Foods Limited (supra) has also held that
since as per Section 31 the registration is only a prima facie
evidence of the validity of the registration, it is open to the Court to
go into the question of tentative validity of the registration while
considering the application for grant of injunction. Of course, the
onus lies on the person who challenges the validity of the mark and
he will have to establish that the registration of trade mark in favour
of the proprietor thereof is prima facie or tentatively not valid.