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
under trademarks No. 4818097
in class 07, 4818098 and 4818101 in class 09, and 4818099 and 4818102 in
class 11, for the marks ... aforesaid marks
under Nos. 4818097 in class 07, 4818098 and 4818101 in class 09 and
4818099 and 4818102 in class 11 [collectively referred
March-April 2022, the Defendant filed the trademark
in classes 3, 5, 25, and, 35 on a proposed to be used basis. A
list ofthe ... subsisting trademark
registrations for the VILLAIN trademark in India since at least September
7, 2020. In particular, the Plaintiff holds registrations for the trademarks
VILLAIN
crocodile device
and its formative variant in class 25, as detailed below:
Trademark and No. Application Goods User claimed
Date
19.01.1983 Clothing, including Proposed ... class 25, under
No. 540315. Defendant No. 1 commercially launched their products bearing
the composite trademarks illustrated above, through their licensee -
Defendant
trademark. Due to long continuous use of
CS (COMM) 313/2018 Page 2 of 37
the trademark and the wide area of operation, the trademark ... AADHAR
SHILA' since 2005 for the goods specified in Class 19 of the Trademark
Act. In support of this contention, it has been pleaded
Trademarks in August 2010 revealed that the status of the trademark
application as 'registered'. Evidently, since the opposition against the
impugned trademark ... Property Appellate Board4 for removal of the Defendants'
impugned trademark from the trademark register. During the pendency of
the present suit, the IPAB vide
registrations in over 100 countries in respect of
their trademark OTRIVIN in Class 5. The global portfolio originates with its
earliest registration dating back ... Respondent No. 1
has placed on record a computer-generated trademark search report in Class
5 with the search strain 'OTRI', listing
which,
for the sake of illustration, are reproduced hereinbelow:
S. Trademarks Application/Registration Class Owner/Proprietor
No. No. and Status
1. 2110751 39 DRL Logistics ... name -
Dr. Reddy Laboratories Limited, and its primary trademarks. Moreover,
registration of the trademark in one class cannot, by itself, give the Plaintiff
an unrestricted
Register of Trademarks, they seek cancellation of registration of the
trademark "PUNAM" granted to Respondent No. 1 in class 15 under ... details of such
applications are as follows:
Application Trademark Class and goods User detail
No.
2700051 15 01st May 2004
musical instruments
including flutes,
bansuri
trademarks have acquired the status of a "well-known
trademark" under Section 2(1)(zg) of the Trademarks Act, 1999.
Specifically, the trademark ... Impugned
trademark " " registered under trademark application no. 4215152
in the name of the respondent no. 1 in Class 5 is removed from
