trademark „VISTARA‟ in other Classes
barring in Classes 7, 9 and 11 shows, it has no intentions to use the
trademark „VISTARA‟ in those Classes ... impugned order.
25. Although the appellant has the trademark registration for the
trademark „VISTARA‟ in other Classes barring Classes 7, 9 and 11,
however
claims that by adoption of long and extensive user goods bearing the trademark HERO HONDA are exclusively associated with the products originating from the plaintiff ... plaintiff is also the registered proprietor of the following marks:-
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Trademark Class Goods Regn. No. Date of Regn.
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HERO HONDA 12 Motor Cycles and parts
noteworthy that the Plaintiff is the proprietor
of the trademark JOCKEY in class 25. Following are some of the
plaintiff‟s registrations in India, which ... Plaintiffs use their trademark JOCKEY on their goods. Plaintiff No.1,
being the registered proprietors of the trademark JOCKEY in various
classes including Class
certificate.
4.copy of trademark registration certificate along with renewal certificate.
5.Copy of trademark Application under No.1007423 in Class 29.
6.publication ... getting registration of the same trademark i.e. Composite trademark in respect of the goods falling in class 29 i.e. Milk, ghee and butter
promotional material pertaining to the
plaintiff's products bearing the trademark HERO HONDA have been
collectively exhibited ... plaintiff's registrations in India are as under:
Trademark Class Goods Reg. No Date
HERO 12 Motor cycles and 419115 13.03.1984
HONDA parts thereof
business with the trademark "Rhino Cement" and/or
has valid registration of the said trademark, bonafidely adopted the trademark.
It is apparent from ... since there are numerous
Registered Proprietors/Applicants for the said trademark in Class-19. The word
"Rhino" is a commonly use trademark
registration for in Class 11 does not confer any right
on the Plaintiff to seek protection cross-class qua its trademark for 'electric
irons ... trademark
was deceptively similar to an earlier registered trademark 'ORZID' (label
mark), registered in the name of Respondent No.1 in Class
Court with unclean hands by suppressing the fact that the trademark VIT in class 41 under application No.1324167 was challenged under a rectification petition ... vide their Trademark Application No.1130066, dated 30.08.2002 in Class 16 and Trademark Application No.1324167, dated 06.12.2004 in Class 41. The plaintiff
registrations in India in respect
of the trademark GE and GENERAL ELECTRIC and their
variations:
Trademark Class Description of Goods Regn.
No.
GE Monogram ... Trademarks Journal of 14th February,
2005, whereby it came to know that the defendant had
applied for registration of the Trademark GE in class
registered in favour of plaintiff No.2, as follows:
Sl. No. Trademark Class Registration No.
1. SHOLAY 16 928687
2. SHOLAY 31 966278
Copies ... plaintiffs have tabulated below the details of the
trademark applications in India :
Sl. Trademark Appl. No. Class Goods
No.
1. SHOLAY 967055 3 Perfumes