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
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
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
plaintiff is the registered proprietor of the trademark GOLD WINNER (Label) having registration trademark No.1232740 in Class-30. The plaintiff also claims that ... both products fall in different classes i.e., Class-30 and Class-29 and also dealt with the issue relating to disclaimer and rendered
plaintiff's trademark “ARUN”,
the word mark vide Trademark Application No.2467722, is for the goods falling
under Class 29 such as “MILK ... supersedes the registration of a trademark of the plaintiff
under the Trademarks Act, 1999 ?
3. Whether the class of consumer determines the effect
of infringement
plaintiff's trademark “ARUN”,
the word mark vide Trademark Application No.2467722, is for the goods falling
under Class 29 such as “MILK ... supersedes the registration of a trademark of the plaintiff
under the Trademarks Act, 1999 ?
3. Whether the class of consumer determines the effect
of infringement
which they have obtained
trade mark is as below:-
S.No Trademark Class Date of Trademark Goods
Registration effect of
No. registration ... judis.nic.in
C.S.No.799 of 2014
S.No Trademark Class Date of Trademark Goods
Registration effect of
No. registration
LION (Label Mark
using the trademark
AROKYA since 1994 and is also the registered proprietor of the trademark
AROKYA under Class 29 for milk and dairy products ... appellant registered the trademark only under class 29 and not under class 30.
Therefore, the appellant’s trademark concerns with the milk and milk products
Certificate of Registration of
Trademark issued by the Registrar of Trademarks
to the plaintiff Company for Trademark
No.1306657 in Class 37 from the website ... Trademark issued by the Registrar of Trademarks
to the plaintiff Company for Trademark
No.1306667 in Class 37 from the website
www.ipindiaservices
Certificate of Registration of
Trademark issued by the Registrar of Trademarks
to the plaintiff Company for Trademark
No.1306657 in Class 37 from the website ... Certificate of Registration of
Trademark issued by the Registrar of Trademarks
to the plaintiff Company for Trademark
No.1306667 in Class 37 from the website
