Plaintiff has applied for and secured registration of several RPG /
RPG formative marks in various classes under the Trade Marks Act, 1999 . Documents
pertaining ... CARE, etc. The Plaintiff has an entire family of RPG based
formative marks and owing to this fact whenever the trade mark RPG is used
that the plaintiffs have been using and continues to use 24 Formative Marks
in different unique and stylised forms like the well-known 'CARS24 ... marks, namely, "Trucks24x7" (word per se), "Trucks24x7" Logo Marks
and or any other deceptively similar or
conceptually similar Trade Mark
journalistic brilliance. Plaintiffs' channel under the AAJ TAK trademarks
and formative marks thereof with its various shows, programmes and events,
command leadership status ... brand AAJ
TAK/ , including the AAJ TAK trademarks as well as formative
marks thereof and the services thereunder and maintain their strong hold
other trade mark application in respect of the
Infringing Mark other than application bearing no.3824241
before the Trade Marks Registry, which is already refused ... Trade Marks Registry.
7. The Defendant further undertakes to never to apply for
registration for the Infringing Marks and any mark which is
identical
KUMAR
Signing Date:04.08.2022
16:30:17
and/or other DISPO formative marks?OPP.
ii. Whether the adoption of the trademark DISPOSAFE and/or
other ... formative marks
by Defendants tantamount to passing off?OPP.
iv. Whether Defendants can claim prior rights in the mark
DISPOCAN or other DISPO formative marks
Trade Marks Act, 1999 ."
5. The Petitioner is the registered owner of the word mark "BLUE
HEAVEN", its formative marks as well ... mark on account of long, open and exclusive user in the
mark "BLUE HEAVEN" and its various formative marks/variants.
12. The sales
trademarks 'RANBAXY', 'RANBAXY
LABORATORIES LIMITED' and its formative marks in India as well as in
foreign jurisdictions, the details whereof ... account of similarity/identity with marks that already existed on
the Register. Plaintiff's registered mark RANBAXY and formative marks
under three different registration
BLUE HEAVEN GET BOLD" (word as well as formative marks). The
Plaintiff adopted the mark "BLUE HEAVEN" in the year ... trade under the said mark. The Plaintiff further
adopted the distinctive mark "BLUE HEAVEN GET BOLD"
(word/formative marks) in the year
MAHAL
DELUX', 'MOTIMAHAL CAFÉ' and MOTI MAHAL (stylised), formative
marks or any other marks deceptively similar to the plaintiff's registered ... several
other registrations for 'MOTI MAHAL' and MOTI MAHAL
formative marks in their name, as detailed in paragraph 5 of the plaint
mark deceptively similar to the Plaintiff's trademarks and/or
formative marks amounting to infringement of the Plaintiff's registered
trademarks, till ... mark
deceptively similar to the Plaintiff's trademarks and/or formative marks so
as to take unfair advantage of and/or cause detriment
