trade mark AQUAFINE. The defendants are using the trade mark
AQUAFINE on their bottles which is deceptively similar to the plaintiff‟s
trade mark AQUAFINA ... defendants have applied for registration of the trade mark
AQUAFINE before the Registrar of Trade Marks bearing application No.
1202695 in Class 32. The Defendants
iodine combination,
under the trade mark BETADINE in the year 1990. Admittedly, the
defendant is involved in the same trade, inter alia, manufacturing and
marketing ... 31st March, 2006. A simple search on the
records of the Trade Marks Registry and/or in the market would have
revealed the presence
said statement made by the defendants is false as is apparent
from the Trade Mark office as well as Excise office. That there
said Trade Marks by user shall at all times
inure to the benefit of the Trade Mark Owner."
CS(OS) No.156/2012 ... Control as a trade
mark for their products.
26. The defendant‟s products are bound to be falsely associated being part
of range of products
well as trans-
border user of the mark LAVERA.
52. As far as two marks LAVERA and MAC LAVERA are
concerned, both are deceptively similar ... false and frivolous. The
heavy burden lies on the said party who had applied for registration of
the same trade mark. Indian trader
that the suit filed by
the plaintiff is false and frivolous as the said trade mark HEIGHTEX
CS(OS) No. 239/2009 Page ... claim of the
plaintiff is totally false and frivolous as the plaintiff has never used the
trade mark in the year
mark
"OLIVE" is the name of a common fruit tree. Even the Trade Mark
Registry did not consider these marks identical ... knowledge of the use of the plaintiff mark in India and mere
advertisement/registration in the Trade Mark Journal is not sufficient
defendant No. 8 has not
secured a registration for the trade mark
CHAKRA/TIGER/ , it is using the symbol ® in
respect of the same ... Thus,
the defendant No. 9 is falsely representing the mark to be a
registered trade mark.
CS(OS) No.3318/2014 Page
contested the interim
application for injunction despite having the knowledge that the
mark in question in relation to the particular goods has already been
assigned ... Trade Marks by the Trade Marks Registry still
CS (OS) No. 816/2008 Page 24 of 25
he had chosen to raise false and frivolous
plaintiff's mark/name TATA by the defendants also
amounts to false ... trade description as defined under the provisions of the
Trade Marks Act, 1999 , inasmuch as it induces the consumers and members
of trade to falsely
