prominent fashion and in
fact as a primary mark.
(ii) The impugned mark/numeral 8 is being used by the Defendant
as a primary mark ... Trade Marks Act,
1999 expressly covers numerals. Courts have consistently upheld
rights in numeral marks and have also passed the orders to restrain
from time
infringement of those marks as the
respondent-company was the first to convert what were
originally type marks into registered trade marks. Lastly,
it held ... marks. Rights in
a mark can, of course, be abandoned by its owner but so long
as he remains the registered proprietor of the mark
comprising of three papers each carrying 100 marks total 300
marks; (ii) interview (viva voce) carrying 50 marks. General Instructions
in Schedule ‘B’ Clause ... course, this situation can
develop with numerical marking also where persons with one mark of half a
mark difference are given advantage. This is unfair
returned by the appellants to the concerned
candidate with a distinct numerical mark affixed thereon. The
acknowledgement card is sent by post to the concerned ... given an
acknowledgement card after affixing a stamp having a distinct numerical
mark.
11. He further stated that a facsimile of each stamp having distinct
latter registration he got the device mark registered. In none of these trade marks, numerals 555 appear. These numerals have now been added ... whole of the trade mark, the plaintiff has to prove that his mark is deceptively similar to the registered mark in relation to any goods
trade mark of the Plaintiffs. According to the Plaintiffs, the Defendant's trade mark of which a numeral "5000" is an essential ... mark is registered, the proprietor of the mark gets an exclusive right to use that mark and no one is entitled to use a mark
numeral „8‟, could seek to injunct Carlsberg to use the numeral
„8‟ in a manner where the numeral was not being used by
Carlsberg ... Radico‟s mark had been a label mark, then the
issue of the size and manner of representation of the numeral
would have had some
country. I use the numericals in my business. I have used the numericals 96, 48, 112, 196 and 320. The numericals which I am using ... other traders. The numericals are multiples of sixteen. In numericals higher the figure is indicative of better quality. The numericals are used for over several
registration over its numerous
marks and some of the marks of the Appellant are pending
registration before the Trade Marks Registry. The Appellant
ever since ... registration over its numerous marks and some of the marks
of the Appellant are pending registration before the Trade
Marks Registry. The Appellant ever since
trade mark under
Sections 28 and 29 of the Trade Mark Act.
C) The Plaintiff's label mark is a composite mark in which ... Plaintiff uses its registered trade marks. A visual comparison of
the rival marks shows that the numeral forms the most
prominent and striking element
