sections of Section 9 and
Section 30 besides also Section 35 of the Act. The very fact that in
terms of Section 9 ... reliance on
the provisions of Section 2(h) , (defining deceptively similar), Section
2(zb) , (defining a trademark), Section 9 proviso (entitlement of
registration
registered trademark and as such is not entitled to the benefits available in respect of a registered trademark.
20. Section 9 of the Act provides ... Section 9 of the Act to be entitled for registration. Section 28 of the Act entitles the registered proprietor of the trademark the exclusive right
sections of Section 9 and Section 30 besides
also Section 35 of the Act. The very fact that in terms of Section 9 ... Section 9(1) (b) and Section 30 (2)
(a).
11. The aforesaid observations are made by us mindful of the
proviso of Section 9
petitioner's trademark is an earlier trademark and a well known trademark entitled to be protected under Section 11 (10(i))
ii)that ... Section 9 relating to absolute grounds of refusal and submitted that Section 9(1)(a) requires the Registrar to refuse registration to the trademark which
Sections 9(1)(a) and 9(1)(b) of the Trade
Marks Act is not absolute firstly because of the Proviso to Section
9 ... which is the subject matter of Sections 9(1)(a) and
9(1)(b) and Proviso to Section 9(1) of the Trade Marks
Chandra under Section 9(1) of the 1958 Act. He submitted that Sub-section (2) of Section 9 deals with the trademarks consisting of names ... Section 9 ; and (2) those not falling under Sub-section (1) of Section 9 but which are governed by Sub-section (2) of Section 9
range, it will
be a trademark unless it falls within the class referred to in Section 9
of the Act. Plaintiff contends that sub-brand ... refusal to register a trademark. Section 9 reads
thus :-
"9. Absolute grounds for refusal of registration.-- (1) The
trademarks--
(a) which are devoid
advocate Mr. Tolia
referred to section 15 and 17 of the Trademark Act, 1999 as well
as section 9 of the Trademark ... this juncture, we may also refer to section 9 of the
Trademark Act, 1999, which reads as under:-
9. Absolute grounds for refusal of registration
envisaged under Section 11(3)(a) of the Trademarks Act.
The challenge under Section 47 of the Trademarks Act
9. Turning now to Section ... registration vis-à-vis Section 9(2)(a) of the
Trademarks Act
11. Section 9(2)(a) entails an absolute proscription on the registration
this Court held that as per section
9(2)(a) and section 11 (2) of the Trade Marks Act, 1999 if a registration ... section 11 (2) the mark is not liable to be registered
if a trademark is identical and similar to an earlier trademark. Section 9
