states above the
trade mark 'meropenem for injection impugned trade mark 'meropenem for
USP' and below the trade mark, 'Powder injection ... PLAINTIFFS' TRADE MARK: DEFENDANT' TRADE MARK'
Plaintiff's mark 'MERONEM'. The Defendant's Mark is `MEROMER
using the trade mark 'WHIRLPOOL' in any other trade mark deceptively or confusingly similar to the trade mark 'WHIRLPOOL' in respect ... trade mark the exclusive right to the use of the trade mark in relation to the goods in respect of which the trade mark
trade mark which is
identical with, or deceptively similar to, the trade
mark, in relation to any goods in respect of which the
trade mark ... trade mark gets the exclusive right to use the
trade mark in relation to the goods in which the said trade mark is registered
trade mark the exclusive right to the use of the trade mark in relation to the goods in respect of which the trade mark ... That registration itself does not create a trade mark. The trade mark exists independently of the registration.
(5)Common law rights are left wholly unaffected
registration of trade mark as
envisaged in the Trade Marks Act and the Rules framed there
under, it appears to us that registration ... Since such registration initially had not been done, the
rectification of the registration by limiting or confining the
registration of trade mark of the Respondent
Trade Union not concerned with one trade should be allowed to prosecute or defend trade mark matters in respect of another trade for Trade Union ... recognise any collective mark excepting certification trade mark" and for the present purpose in the trade mark and certification trade mark both are related
earlier trade mark and similarity of goods or services covered by the trade
mark; or
(b) its similarity to an earlier trade mark ... Trade Marks Act, which explains what use of a trade
mark, within the meaning of the Trade Marks Act , connotes.
24. PepsiCo, points
trade mark in Classes 9 and
16 of the Schedule to the Trade Marks Rules. Plaintiff No.2 also
acquired trademark registration in respect ... mark
registration certificates were marked as Exhibit P-2. The
advertisements of the Plaintiffs' mark published in various
newspapers in 1995 were marked Exhibit
registered trade mark PRE/STAGE or any other deceptively similar trade mark and from committing infringement of appellants, registered trade mark. 'PRESTIGE' during ... trade mark has the exclusive right to use the trade mark in relation to the goods in respect of which trade mark is registered
rights under the Trade
Marks Act, 1999 (' Trade Marks Act ', for short) by virtue of the
trade mark registration as well as claims ... trade mark is permitted under provisions of Trade Marks Act . He
can also use his surname Rathi with some prefix etc., as his trade
mark
