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
that the defendant’s mark is
registered. The Act offers advantages to those who
register their trade marks, but imposes no penalty
upon those ... action for passing off that the false representation
relied upon is an imitation of a trade mark that is
incapable of registration. A passing
have been using numeral mark "5000" in respect of their beer. According to the Defendants, this statement is false. The Plaintiffs ... beer under the trade-mark "PRESTIGE 5000" was being marketed. This statement made in the plaint is patently false and therefore it disentitles
declared that his company was the owner of the
registered trade mark "Meghraj". The name of that
Director is Madan Verma ... never got the trade mark
registered under the Trade Marks Act . It was urged that
a false declaration was made
show that by imitating the mark claimed as a
CS(COMM) 174/2019 Page 11 of 39
trade mark, or otherwise, the defendant has done ... action for passing off that the false
representation relied upon is an imitation of a trade mark
that is incapable of registration. A passing
trade mark under Section 23(2) , Rule 62(1) of the Trade
Marks Rules is annexed to the Petition. This stylized representation of the
mark ... trade mark attorney of the petitioners has requested the Deputy
Registrar of Trade Mark to amend the status of the registered trade mark
from device
2022/DHC/002963
in the trademark jurisprudence and any use of the mark by a third party is
unlawful and unauthorised.
15. Defendants have ... using the
same without any interruption since 1998. Throughout in the Trade Marks
Registry, during prosecution of their trademark as also in the oppositions
filed
using only the
aforesaid trade mark on its packing material, business cards and
catalogues, none of which contains the trade mark of the plaintiff
firm ... bear trade mark
of the plaintiff firm. The products of the defendant Company,
other than footwear, bear the trade mark "Anything Skool",
which
said trade mark. Hence,
the plea of the defendant that the word INTERCITY is common to trade and
cannot be monopolized is a false ... provisions in the Indian Trade Marks Act, 1999 incidentally are
analogous to those in the U.K. Trade Marks Act, 1994
- 34. Subject to possibly
plaintiff's trade mark, the
consumers and members of the trade are being misled into falsely believing
that the defendants' services are either ... said mark 'TURNING POINT'. It is the plaintiff who has subsequently
copied the defendants mark by adopting a similar trade mark/trade name
