Search Results Page
Search Results
1 - 10 of 11 (0.96 seconds)M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk ... on 26 July, 2018
In Nandhini Deluxe Vs Karnataka Coop. Milk Producers
Federation Ltd., case, the Hon'ble Supreme Court has held that Nandhini is
a generic name. If the facts of the present case is tested on the plane of the
ratio of this case, it becomes evident that (a) Dr.Reddy is a generic name
since Reddy being a name of a community; (b) that they are in different
class of services.
The Trade Marks Act, 1999
Vishnudas Trading As Vishnudas ... vs The Vazir Sultan Tobacco Company ... on 11 October, 1990
26.6. The nature and style of the business of the appellant and the
respondent are altogether different. Whereas the respondent is a
Cooperative Federation of Milk Producers of Karnataka and is
producing and selling milk and milk products under the mark
“Nandini”, the business of the appellant is that of running
restaurants and the registration of mark “NANDHINI” as sought
by the appellant is in respect of various foodstuffs sold by its in its
restaurants.”
8.2.This case has some similarity to the facts involved in both the cases cited
above. While in Vishnudas Trading Vs Vazir Sultan Tobacco Co. Ltd.,
case, the dispute was over the trademark Charminar, while one used
Charminar for cigarettes, the other used the trademark Charminar for other
tobacco products and both fell under the broad classification “manufactured
tobacco”, yet the Hon'ble Supreme Court has held that in the market they are
10/14
https://www.mhc.tn.gov.in/judis
(T)CMA(TM)/191/2023
(OA/SR.195/2020/TM/CHN)
differently sold and the consumers will not be confused by the use of similar
mark.
Section 34 in The Trade Marks Act, 1999 [Entire Act]
Section 18 in The Trade Marks Act, 1999 [Entire Act]
Vishnudas Trading As Vishnudas vs The Vazir Sultan Tobaccoco. Ltd. ... on 9 July, 1996
● Placing reliance on Vishnudas Trading Vs Vazir Sultan Tobacco
Co. Ltd., [1997 4 SCC 201], the learned counsel submitted that even if
a mark is registered in the same class but not used for identical goods
or services, the Registrar can take no exception either under Section
3/14
https://www.mhc.tn.gov.in/judis
(T)CMA(TM)/191/2023
(OA/SR.195/2020/TM/CHN)
11(1) or under Section 11(2) and cannot refuse to register a mark.