said mark, the
Registrar of Trade Marks refused them the registration and
the only mark registered in favour of the defendants was a
composite mark ... registration of the said mark but the Registrar of Trade Marks
refused the registration and the only mark registered in
favour of the defendants
promote sales of its calendars
bearing the trade mark KALNIRNAY and the said trade mark
has become distinctive of the plaintiff's goods ... said mark, the
Registrar raised the objection to the registrability of the said
composite mark under Section 9 of Trade and Merchandise
Marks
along with the trade mark "PARIS BEAUTY".
3. It is stated that in the plaint that trade mark "PARIS
BEAUTY ... Trade Marks Act under No. 407738 in
class25 and the said trade mark also forms the subject
matter of various registered composite trade marks
plaintiffs have rights both in the composite as well as a part of the trade
mark, i.e., in both "RICH‟S WHIP TOPPING ... mark „whip topping‟ is publici juris as it is commonly
used in the trade pertaining to non-dairy products. It was contended that the mark
register in relation
to the plaintiff‟s or defendant‟s trade mark are pending
before the Registrar or the Appellate Board, stay the suit
pending ... Dembla Trading, Delhi v. Bharat
Sewing Machine Co., Bikaner, AIR 1982 Delhi 230, a composite suit was filed
for infringement of a trade mark
first respondent filed composite applications under Sections 46 and
56 of the 1958 Act for rectification/removal of the trade mark `Infosys'
registered ... conferred by this
section shall include the power to remove a trade mark
registered in Part A of the register to Part
change in the composition of the firm, an application was filed before the Registrar of Trade Mark to record the new partners. The same ... firm underwent another change of composition in the year 1999, necessary forms were filed before the Trade Mark Registrar to record the new partners
provides that the registration of a
composite mark confers on its proprietor the exclusive right to use it only as
a whole. The registration does ... part of the whole of the trade mark registered.
Consequently, the registration granted to the TELCO of its composite mark
did not give
registered mark of
the appellant. The registered owner of Trade Mark has a
proprietary rights upon his trade mark and also have right
to protect ... which acquired in
course of trade in long run, by duplicating to another
person‟s Trade Mark. The trade mark owner naturally not
to allow
selling the pharmaceutical preparations under the trade
name of LODIL which was infringing the trade mark of the
plaintiff. The defendant was allegedly also passing ... alleged that the present
suit is a composite suit for infringement of trade mark and
passing off filed by the plaintiff as stated by them
