trade mark "Insta Power" since 2.2.1998 and his application for registration of trade mark is pending before the Registrar of Trade Marks, Chennai ... anything to its registered trade mark AMCO. The trade mark AMCO is a registered trade mark of Amco Batteries Limited. As per the averments
registered trade mark to sue for infringement when
though the impugned trade mark is identical with the
registered trade mark, but is used in relation ... nature of the marks i.e. whether the marks are
word marks or label marks or composite marks i.e. both
words and label works
violation of the provisions of the the Trade
Marks Act, 1999 is only incidental, a composite suit will lie or
not, did not arise ... actions can
be clubbed together as a composite suit."
11. In the the Trade Marks Act, 1999 a provision similar
to Section
question as to whether the
suit is a composite suit for infringement of trade mark and a passing
off action or whether it is only
appellant.
2. The suit is a composite suit under Section 134
(1)(c) of the Trade Marks Act, 1999 ('the Act' for short
also held that the same principle which apply
to trade marks apply to trade names also. In the decision reported in
Heinz Italia v. Dabur ... nature of the marks, i.e., whether the marks are word marks or
label marks or composite marks, i.e., both words and label works
substance a
mere mechanical device, and does not include any trade mark
as defined in clause (v) of sub-section (1) of section ... construction or anything which is
merely mechanical device;
(2) Any trade mark as defined in section 2(1)(v) of the Trade and
Merchandise Marks
being registered as the firm's trade mark under Section 6 of the Trade Marks Act, 1940; and whether the name 'Navaratna Pharmaceutical ... words cannot be used as a trade mark, and the application for the correction of Trade Mark Registers would be allowed
company all its existing know-how, patents and processes and trade-mark rights in relation to the catalysts listed above with the exception ... know-how, patents, processes and trade-mark rights the further amount of U.S. $ 1,70,000 free of Indian taxes in four instalments
country liquor in a bottle, case, package or other
receptacle with any mark thereon or on the cork
thereof with the intention of causing ... which a false trade mark or false trade description is
applied under, Section 79 of the Trade and
Merchandise Marks Act, 1958 shall, on conviction
