earlier application for registration for
the same mark, filed by Takeda GMBH ("Takeda" hereinafter), a
German company, with the Indian Trademarks Registry ... trade mark where the proprietor of the
earlier trade mark or other earlier right consents to the registration, and in such case the Registrar
earlier trade mark, or as the case may be, the exploitation of the earlier right,
Digitally Signed notwithstanding that the earlier trade mark ... replacement of the said
earlier agreement. Article 6.02 retained title or ownership of all
intellectual property, including trademark, with the plaintiff. On 8
October
such that, because of its identity or similarity
with an earlier trademark and the goods or services covered by
such earlier mark, there exists ... association
with the earlier trade mark. [ Section 11(1) ],
(xii) the mark is identical or similar to an earlier trademark,
but is to be registered
such that, because of its identity or similarity
with an earlier trademark and the goods or services covered by
such earlier mark, there exists ... association
with the earlier trade mark. [ Section 11(1) ],
(xii) the mark is identical or similar to an earlier trademark,
but is to be registered
mark for which registration has been applied is
identical to an earlier trademark, Clause (a) would apply, whereas,
where the applicant‟s mark is similar ... earlier trademark, Clause
(b) would apply. In either case, likelihood of confusion on the part of
the public must be shown to exist, in order
cite any of the plaintiff's
marks as an earlier trademark, for raising objections
under Section 11 of the Trade Marks ... registration where the mark is identical or deceptively similar to an
earlier trademark. As the present case does not involve any issue
relating to registration
registration of a trademark which,
owing to its similarity of an earlier trademark, and identity or
similarity of the goods or services covered ... registration
of a mark which, owing to its similarity to an earlier trademark,
combined with identity or similarity of the goods or services covered
prohibits registration of a trademark which is
identical to an earlier trademark and used in respect of similar goods
or services, whereas Section ... prohibits registration of a
trademark which is similar to an earlier trademark and used in respect
of identical or similar goods or services. In either
Court. As a result, the Plaintiffs
trademark amounts to an earlier trademark as per section
Signature Not Verified
Digitally Signed CS(COMM) 806/2017 Page ... registered much prior in point of time
and are, therefore, "earlier trademarks" within the meaning of Section
11(4) ]. Para 31 pleads that
requires the Registrar to cause the conducting of a
search amongst earlier trademarks, which are either registered or in
respect of which applications for registration ... disregard of law specifically, Rule 33
of the Trademark Rules and Section 1120 of the Trademarks Act,
1999 as also various dictums of this Court
