prior adopter
of the mark, having continuously used its house mark 'REKIN' and the
impugned mark 'REKIN-SP' since ... well-known trade
mark.
.......
(2) A mark shall not be registered as a trade mark if ---
(a) it is of such nature as to deceive
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 marks; art works / labels bearing the Word / Mark
'KAMDHENU'; domain bearing the Word / Mark 'KAMDHENU'
("KAMDHENU Mark ... rights in KAMDHENU Mark or
deceptively similar marks.
5.21. Subject to such unequivocal undertakings, KSAL was allowed to
use the KAMDHENU Mark for the limited
either as a
standalone mark and/or with some prefix/suffix/mark/label, said
infringing "MANTRA" suffixed/formative marks namely
"MEMORY MANTRA ... either as a standalone mark and or with some
prefix/suffix/mark, said infringing "MANTRA" suffixed/formative
marks namely "MEMORY MANTRA
Plaintiff's products bearing its 'SAGA' formative Marks
are not sold or marketed in India. The invoices produced by the
Plaintiff with ... regard to products bearing 'SAGA' formative
Marks are of export to countries like Vietnam, Togo,
Kazakhstan, Cambodia, Nepal, Turkmenistan, Uzbekistan,
Zambia, France
their journey of 25 years in the industry, Plaintiffs
adopted the formative mark i.e. the trademark , with the
brand 'आज तक', enclosed ... impugned mark with the device
mark including the distinctive red-white-black colour combination in
the manner used by the Plaintiffs in their marks
mark 'HIMALAYA' as well as its associate and formative
marks and logos and have been using the same extensively and
continuously. Plaintiffs have ... Register of Trade Marks, Plaintiffs came across
Defendant's trade mark application recently filed for registration of device
mark 'Himalaya The Nutra Healthcare
proprietor of the trade
marks JARDIANCE, JARDIANCE MET, TRAJENTA
DUO GLYXAMBI formative marks as well as its trade
dress/packaging as given in Paragraphs ... earlier trade marks JARDIANCE,
JARDIANCE MET, TRAJENTA DUO, GLYXAMBI
formative marks and trade dress/packaging associated
with the Plaintiff's products. The Defendant
under the Impugned Marks , or
any other marks which may be deceptively similar to the Plaintiff's
registered marks /SUPREME formative marks ... registration of any mark that may be
deceptively similar to the Plaintiff's prior registered mark
/SUPREME formative marks in the future
Plaintiff to be the proprietor of the trade marks /
ASTRAL formative marks, thereby having the exclusive right to the use of
the aforesaid trade marks ... under the Impugned Marks , or
any other marks which may be deceptively similar to the Plaintiff's
registered marks /ASTRAL formative marks
