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1 - 6 of 6 (0.41 seconds)The Trade Marks Act, 1999
Section 9 in The Trade Marks Act, 1999 [Entire Act]
Section 18 in The Trade Marks Act, 1999 [Entire Act]
Section 91 in The Trade Marks Act, 1999 [Entire Act]
Dubai Islamic Bank vs Union Of India & Ors on 4 December, 2019
7. On examining the impugned mark, it is evident that it is a
composite mark with a prominent device. The said device consists of
a heart in black colour, a flaming torch in white colour with a small
flame in white colour enclosed by a larger flame in black colour. The
words “Heart and Stroke Foundation India a subsidiary of American
Heart Association” are used along with this device. At the time of
application, the composite mark was proposed to be used in India.
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https://www.mhc.tn.gov.in/judis
However, while responding to the examination report, the appellant
has stated that the mark is being used in India in relation to services
provided by the appellant. The contention that the appellant has
obtained a composite mark registration containing an identical
device, albeit with the words 'American Heart Association' is not
denied by the respondent. The registrations obtained by the
appellant for near identical marks in multiple jurisdictions are on
record and learned counsel for the appellant cited the decision in
Dubai Islamic Bank v. Union of India, order dated 04.12.2019 in
W.P.No.12749 of 2019, particularly paragraph 12 thereof, to
substantiate the contention that registrations obtained overseas may
be taken into consideration by the Registrar of Trade Marks.
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