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Merck Kgaa, Formerly Known As E. Merck vs The Registrar Of Trade Marks, Trade ... on 19 March, 2008
cites
Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
Reliance was also placed on 1991 (11) PTC 1(SC) Wander Ltd. and Anr. v. Antox India (P) Ltd.
Wyeth Holdings Corpn. And Anr. vs Controller General Of Patents, Desings ... on 8 August, 2006
9. After going through all the case laws and ruling of different High Courts and the rules and sections, we are of the view that the Registrar has power to extend time according to Section 131 of the Trade Marks Act, 1999 and Rule 105 of new Rules. Since this case is before the Ahmedabad Bench of this Appellate Board, the decision of High Court of Gujarat in Wyeth Holdings Corporation and Anr. v. Controller General of Patents, Designs and Trade Marks 2007 (34) PTC 1 (Guj.) will be binding where the Rule 50(2) has been declared to be directory.
Hastimal Jain Trading As Oswal ... vs Registrar Of Trade Marks & Anr. on 8 December, 1999
Reliance was also placed on 2000 PTC 24 (FB) Hastimal Jain trading as Oswal Industries v. Registrar of Trade Marks and Anr. 2006 (32) PTC 287 (IPAB) Hindustan Lever Ltd. v. Surinder Corporation and Anr. He further relied upon 2006 (32) PTC 717 (IPAB) Tata Motors Limited v. Cavincare Pvt. Ltd. and Ors. wherein this Appellate Board set aside the order of the Assistant Registrar of Trade Marks. The matter was remitted back to the Trade Marks Registry for disposal in accordance with law by receiving the evidence in opposition and if necessary by granting time to the first respondent for filing any reply. For the delay on the part of the appellant, the respondent can be compensated by way of cost of Rs. 2500/-.
Section 91 in The Trade Marks Act, 1999 [Entire Act]
Section 101 in The Trade Marks Act, 1999 [Entire Act]
The Trade And Merchandise Marks Act, 1958
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