mart Trademarks'). Details of the
trademarks' registrations are as follows:-
Sr. Registration Trademark Class Goods
No. No. & Date of
Registration ... trademark . Plaintiff also
learnt that Defendant No. 1 applied for registration of the trademarks
D MART/DMART device/D MART MINIMAX in Classes
registrations
were granted in Class 29 and Class 32 between 14.06.1995 and 13.02.2008.
The plaintiff further asserted that the trademark ''AROKYA ... plaintiff because the defendant
is the registered proprietor of the trademark in Class 30. In these
circumstances, the plaintiff filed the suit.
3. The defendant
registered trademark as a
proprietor, secondly infringement of the said trademark
by the defendant by using the trademark of the plaintiff ... trademark
36 O.S.No.3050/2017
by the registered proprietor of trademark - rationale for
registration of trademarks explained elaborately. It is
further observed
India. The details
of these trademarks are as follows:
Sr. Trademark Registration No. Class Date of
No. application ... other hand abandoned their trademarks as
some of trademarks are not renewed. The plaintiffs have not been using the
trademarks in India and other parts
device of the Cycle, not only in Class 3, but, also in all other relevant classes, including Class 21 for glassware, domestic utensils, container trays ... said trademark on two main grounds_
i)that the petitioner's trademark is an earlier trademark and a well known trademark entitled
below mentioned trademarks, however, the same are
pending. The details of the same are mentioned below: -
No Trademarks Application Class User Status
no. claimed
Signature ... marks under Class 6, however, they were
attempting to dishonestly produce and market their goods under Class 12
by using the trademarks that were deceptively
defendant before the Trademark
Registry against the plaintiff's
registration of the trademark “GOLD
WINNER “in class 30 in respect of dhall
products ... documents
relating to the Trademark Registry including application for Trademark,
search for Trademark and Online status of Trademark and Trademark
registration certificate
November, 2020, the respondent continued to use the
"VIDYAMANDIR CLASSES" trademark of the petitioner. This
provoked the petitioner to issue a Cease ... from continuing to use the petitioner's registered,
"VIDYAMANDIR CLASSES", trademark or any mark deceptively
similar thereto. The respondent was also directed
Plaintiff is the registered proprietor of the following
trademarks:
Trademark and No. Date Class and Goods
05.09.1953 Class 9
scientific, nautical, survaying and
electrical apparatus ... specifics
of the Defendant's trademark applications are detailed below:
Trademark and No. Date Class and Goods
Class 9
"TOSIBA" 04.05.1989
Electrical
classes, in
order to ride on the goodwill and reputation of the Plaintiffs and barring
MINDAUTO, which is registered in class 04, other trademarks have ... such as
LUMINDA in class 35, MINDALUX, SIGNMINDA, GK
MINDA SOLAR and GK MINDA in class 11, and ABMINDA
in class 04 were cited
