SURYA'
formative marks and some of Plaintiffs registrations for the trade
mark 'SURYA' and 'SURYA' formatives marks in Class ... said mark.
13. It has been further averred that the Plaintiff mark
"SURYA" has emerged as a well-known mark amongst the
public
trade mark 'SURYA' and
'SURYA' formative marks in Class 17 (which is the
concerned trademark class for the Plaintiff company ... copyright registrations for the 'SURYA'
and 'SURYA' formative marks /labels which was
specifically designed and the said artistic lettering
Digitally style
other mark which is identical with and/ or
deceptively similar to plaintiff's trade mark/ label
VICTORIA'S SECRET and its formative
trademarks ... other mark which is identical with and/ or
deceptively similar to plaintiff's trade mark/ label
VICTORIA'S SECRET and its formative
trademarks
registration of trademark/device/label
TIRANGA/TORANGA/TALASH and other formative marks in Class 3
and 35 under the provisions of the Trade Marks ... proprietary
rights in its trademark "TIRANGA/TORANGA" and other formative
marks.
12. (i) It has been averred that defendant No.1 has filed
several applications pending for
registration of marks including the word 'VOGUE', as under:
S. No. Mark Appl. No. Date of Goods
Application /
User ... several third parties claiming to be proprietors
of 'VOGUE' formative marks in relation to fabrics and textiles in
Class 24, as under
been using its formative trade mark in conjunction with other
words/marks in various stylized and artistic formats with and/or
without the device ... goodwill and reputation in
the mark "POLO" and its formative marks.
However, mere proof of registration or reputation of a
trademark does
would have been to use same
or similar trademarks or the formative marks of Packson,
since the defendant had four years of user ... bare perusal of the marks. Notwithstanding the
prima facie assessment, the appellant's mark is a device
mark, and they have no registration
Cbi vs . 1 Bhushan Grover, on 21 January, 2014
IN THE COURT OF MANOJ JAIN
trade mark SHAKTI BHOG and/or
and/or various other formative SHAKTI
BHOG formative marks are registered in various classes
Kumar Food Industries
course of its
business, have conceived and created various
PUKHRAJ formative trade mark/labels [hereinafter
referred to as the 'said trade mark/ label ... EMERALD word,
stylized, artistic, formative, trade dresses as well as
of the copyright involved in various EMERALD
formative trade marks/labels and trade dresses
