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
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
dated 14.02.2023
(OSR)
5 Ex.PW1/5 Trademark Certificate bearing
Trademark No. 3758974 under
Class 12 dated ... Trademark Certificate bearing
Trademark No. 3758975 under
Class 12 dated 20.02.2018 (OSR)
7 Ex.PW1/7 Trademark Certificate bearing
Trademark No. 3763432 under
Class
goods and services under the
"SAMSUNG" trademark, the said trademark has become a household
name in India. From the aforesaid and also ... under various classes being
Class No. 7, 9, 11, 14, 35, 36, 37, 38, 39, 40, 42 and 45.
9. The trademarks registrations
below:
CS (COMM) 327/2019 Page No. 3 of 16
TRADEMARK/ UNDER
S. No. CLASS STATUS
LABEL No.
LABEL
1 WRANGLER 1288608 25 REGISTERED
WRANGLER ... trademark/label
5. Exh.PW1/5 True Representation filed
6. Exh.PW1/6 Plaintiff's registered trademark under no.
1288608 in class
Carlton, alleging trademark infringement of its trademark CARLTON
and calling upon Carlton to stop using the mark in relation to class 18
goods. Carlton sent ... including India in several classes in addition to class 18. In a
nutshell, the averment is that the earliest trademark Application for the
mark CARLTON
plaintiff’s trademark
to registrations and applications
04.01.2021
16 Ex.P16 11.03.1983 Other proprietors as per the trademark
to registry under class ... plaintiff’s trademark
04.01.2021 registrations and applications
16 Ex.P16 11.03.1983 to Other proprietors as per the trademark
08.06.2021 registry under class 10
CSNJ
plaintiff’s trademark
to registrations and applications
04.01.2021
16 Ex.P16 11.03.1983 Other proprietors as per the trademark
to registry under class ... plaintiff’s trademark
04.01.2021 registrations and applications
16 Ex.P16 11.03.1983 to Other proprietors as per the trademark
08.06.2021 registry under class 10
CSNJ
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
Certified copy of the legal use certificate dated 14.07.2017 for
Trademark No. 1595537 in class 30.
P23 Certified copy of the legal use certificate dated ... under various classes, both in India as
well as in other countries. To prove their respective registrations under
various classes for their trademark 'Aachi
