October, 2007
Equivalent citations: [2008]141COMPCAS642, MIPR2008(1)1, 2007(35)PTC905(IPAB)
ORDER
S. Usha, Member (T)
1. An application is made praying
August, 2007
Equivalent citations: MIPR2007(3)260, 2007(35)PTC915(IPAB)
ORDER
M.H.S. Ansari, J. (Chairman)
1. Instant application is filed for cancellation ... send the rectification application along with the enclosures as filed before the IPAB and furnish proof of service. The postal authorities by their letter dated
filed an application for
rectification before the Intellectual Property Appellate Board
(IPAB for short). It has been submitted in the application that
since ... IPAB 's jurisdiction to determine the validity of
the registration of the plaintiff's trade mark, the present suit of
the plaintiff based
against the plaintiff's trademark 'Zoloft' at the IPAB. The plaintiff filed a counter dated 25th January, 2006 to the defendant ... against the plaintiff's registered trademark 'Geodon' at the IPAB. The plaintiff is contesting this cancellation petition. Evidence stands filed while
appellants counsel relied on the Judgment reported in 2007 (34) PTC 136 (IPAB) Bal Krishan Jindal v. Mohinder Singh and Anr. to support his argument ... filing of application for rectification reported in 2007 ( 34) PTC 621 (IPAB) Kabushiki Kaisha Toshiba v. Tosiba Appliances & Co. and Anr. was relied
counsel relied on the Judgment reported in 2007 (34) PTC 136 (IPAB) Bal Krishan Jindal v. Mohinder Singh and Anr. to support his argument that ... filing of application for rectification reported in 2007( 34)PTC 621(IPAB) Kabushiki Kaisha Toshiba v. Tosiba Appliances & Co. and Anr. was relied
counsel relied on the Judgment reported in 2007(34)PTC136 (IPAB) Bal Krishan Jindal v. Mohinder Singh and Anr. to support his argument that failure ... filing of application for rectification reported in 2007( 34)PTC 621 (IPAB) Kabushiki Kaisha Toshiba v. Tosiba Appliances & Co. and Anr. was relied
reported in
1. 1981 IPLR 93 (Bombay),
2. 2005 (30) PTC 444 (IPAB) Asian Paints Ltd. v. Registrar of Trade Marks
India) Ltd. v. Super Threads Industries and Ors. 2007 (34) PTC 614 (IPAB), wherein it was held thus: "To acquire distinctiveness and with
Jewellers v. New M.P. Jewellers 2005 (30) PTC 517 (IPAB), learned Counsel submitted that taking into account all the factors as laid down
