transfer of the right to use the goods of incorporeal
or intangible character, that is to say, -
a) Patents,
b) Trademarks,
c) Import-Licences ... Department the transfer of right
to use the goods of incorporeal or intangible character i.e. to say patents,
trademarks and import licenses have been
appellant could claim exclusive right to use the
trademarks and the exclusive use of the trademarks by the appellant Zeenath
Bivi is impermissible ... using
the trademarks. He submitted that except the appellant, no other joint owners
had used the trademarks and the user of the trademarks
use of the trademark to vehicles using Internal Combustion Engines. He
submitted that the said disputes could only be adjudicated by the IPR
Division ... from subordinate rights such as
licences granted by the proprietor of a registered trademark.
Undisputedly, these disputes, although, involving the right to use
trademarks
observed, where
ownership right has not been alienated, the consideration is for
the use of or the right to use the trademark, hence, represents
royalty ... assessee has
received the consideration for the use of or the right to use of
trademark/brand names. Therefore, the consideration received by
the assessee
cannot, therefore, be used by the plaintiff to
injunct the defendant from using the impugned trademark, if the
trademark is registered in favour ... infringement by a registered trademark. An
unregistered trademark alone can infringe. Use of a registered
trademark, for the goods or services in respect of which
use of the trademark to vehicles using Internal Combustion Engines. He
submitted that the said disputes could only be adjudicated by the IPR
Division ... from subordinate rights such as
licences granted by the proprietor of a registered trademark.
Undisputedly, these disputes, although, involving the right to use
trademarks
conceded that the use of the
trademark of ICC is definitely involved but the role of
this use of trademark of ICC has been empirically ... opportunity to get the
right of premium space from GCC who was vested with
the exclusive right to use the trademark of ICC Apart
from
right to use and not a mere right to enjoy. Simply because the assessee retained the right for himself to use the trademark and reserved ... assignment of a trademark involves transferring all rights associated with the trademark to the transferee. This includes the right to use, license, and enforce
hereinafter, as
"TMNA"), was executed, which assigned the right to use the trademark
"Hero", and its variants, among the Family Groups ... continue to use the "Hero" Mark to market their
electric bikes.
12. Hero Exports claims exclusive right to use the trademark "Hero
trademarks and they have not
granted any licence to continuing partners or the said firm to use such
trademarks. The use of such trademarks without ... respondents would destroy the
trademarks property. The license of the trademarks is prohibited. He
submits that the use of the trademarks by a third party
