label, brand, mark on his products and commenced using the said mark as its trade mark on the products of the appellant from the year ... goods in the course of trade, such mark which is identical with and/or deceptively similar to the trade mark of the appellant
Deputy Registrar of Trade Marks, Calcutta and by letter dated December 29, 1965 issued by the Asstt. Examiner of Trade Marks the appellant was informed ... others.
31. In the trade mark we are concerned with there is no dispute that though the mark is composite in character, including word
Trade Marks Act, 1999 though permits the suit
based on infringement of the registered trade mark or relating to any right
arising there from ... Defendant of any trade mark which
is identical with or deceptably similar to the plaintiff's trade mark whether
registered or unregistered. The said
protection available
even in respect of the descriptive trade mark was wrong. A descriptive
trade mark may be entitled to protection if it has assumed ... 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
toilet soap bearing the Trade Mark 'VIGIL' or any other trade mark and having the composition that is covered under and/or within ... petitioner.
7. The toilet soap of the respondents sold under the trade mark 'VIGIL' has a wrapper
which also bears the words
continuing to use the accompanying trade mark extensively throughout India having sold 42,2100000 cigarettes under the accompanying trade mark through its branches at Calcutta ... Trade Marks refused the appellant's application for registration The present appeal to this Court is from that decision.
11. The trade mark "Simla
Trade & Merchandise Marks Act. Further, advertisements were published in respect of the proposed trade mark, inter alia in trade marks journal. On 21st January ... said Trade & Merchandise Marks Rules, 1959. On 15th December, 1983, the Registrar of Trade Marks made his order inter alia recording that by reason
refers to Section 17 of the Trade
Marks Act, 1999 which reads:-
"(1) When a trade mark consists of several matters, its registration
shall ... registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a
trade mark; or
(b) contains any matter which
administrative framework to facilitate search for conflicting marks and
examination by the Trade Marks Registry. In the Australian Wine Importers TM
case ... 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
necessary to emphasise that registration of Trade Marks is of vital importance and significance to trade and commerce and there should be reasonable diligence ... Register of a Trade Mark consisting of a label containing the device or a composite picture of a goddess seated on a lion
