cases, take into account the terms of the contract and trade usages applicable to the transaction.] [Substituted by Act No. 3 of 2016 dated
Section 144 in The Trade Marks Act, 1999
144. Trade usages, etc., to be taken into consideration.—
In any proceeding relating to a trade mark ... tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used
The State Of Jharkhand Through ... vs M/S Himachal Construction Com. Pvt. Ltd on 10
The State Of Jharkhand Through ... vs M/S Himachal Construction Com. Pvt. Ltd on 10
Oxford dictionary, to
determine the scope of the term 'trade usage' as habitual or
customary practice specially as creating a right or obligation ... case of third
parties from time to time following the trade usages, it cannot be
said that their demand is beyond the terms
which neither any law confers
upon him nor there is any usage of trade having the force of
law nor is there any agreement between ... entitles the arbitrator to award interest; 2) if
there is a usage of trade having the force of law for award
of interest
usage of the jute trade in Calcutta. It is
denied that there is any trade, custom
225
or usage as alleged. The correctness ... orders were taken as equivalent
to documents of title by any trade usage in Calcutta. The
Calcutta High Court held that
replication and in that replication pleaded that according to the usage of trade governing
forward contracts one partner of a firm has implied authority ... take
judicial notice of any such usage or custom unless
the usage or custom or trade is so well established
as to justify the course
trial
court is; that apparently the adoption and usage of the trade mark
‶ MOHAN'S ″by the defendant was/is bona fide ... uncertain terms, that right of the registered proprietor, for exclusive usage of
the registered trade mark, and to obtain appropriate relief in the event
cases, take into account the
terms of the contract and trade usages applicable to the transaction.
6 "the Telecom Tariff Order" hereinafter ... take into account the
terms of the contract and trade usages. Importantly, the expression
"terms of the contract" precedes "trade usages