under the Schedule to the Trademark & Merchandise Marks Act, 1958. This trademark has been registered by the Trademark Registry and the plaintiff is thus ... Schedule to the Trademark & Merchandise Marks Act, 1958. For this drug and mark, the plaintiff received the trademark registration certificate dated 24th February
registered as a trademarks, however, the Act itself also
contains provisions for cancellation of registered trademarks including
Section 57 whereby registration obtained is cancelled being ... refusal of
registration.
Section 28 . Rights conferred by registration.- (1) Subject
to the other provisions of this Act, the registration of a
trademark shall
white. The registration of the plaintiff No. 1's trademark vide trademark registration No. 167064 in India is since 15th December, 1954 that ... respect to these trademarks has been averred in the plaint, and not in the light of the trademark registered vide trademark registration No. 167064 dated
Class 9 as on 22.03.2004,
i.e. computer hardware; likewise, trademark registration was granted in
respect of class 42. The defendant sought leave ... defendant or plaintiff with respect to
invalidity of a trademark registration in the suit itself - which pre-supposes
that registration occurs during pendency
world.
5. So far as its Indian registration is concerned, the plaintiff has claimed registration of the trademark Hyundai in international classes ... similar to the renowned trademark 'Samsung'; the trademark 'Sonic' is similar to the internationally well known trademark 'Sony' while
distinctive at
the date of registration."
7. Perusal of section 28(1) would reveal that the registration of
trademark, if valid, shall give ... time of
registration since the same did not exist because
admittedly the applications were filed for registration of
the trademarks on a "proposed
purposes." The said registration is valid and subsisting. The said
registration, however, contained a condition "Registration of this
trademark shall give no right ... plaintiff and thereafter could
not have applied for registration. He submits that since the registration of
trademark of the defendant is in contravention of Section
State of Punjab. Rajesh Kumar
Bansal had been granted trademark registration under application
No.2337951 whereby the device mark 'SUJATA' was registered ... registration in
respect of specific goods within a certain class even if there exists a
registration on an identical or similar trademark which covers
India.
9. After two years of the registration of applications of the
petitioner for registration of trademark "OCLEG", the petitioner and
the respondent ... registered proprietor of the trademark or by the registered user of the
trademark under notice to the registered proprietor of trademark.
18. Undisputabely
Whether the plaintiff is the registered
proprietor of the trademark “GOLD
WINNER” ?
7. Whether trademark registration of a
device mark grants exclusive rights ... documents
relating to the Trademark Registry including application for Trademark,
search for Trademark and Online status of Trademark and Trademark
registration certificate
