Register of Trademarks by deleting Hardie's trademarks under Section 46(1) of the Trade & Merchandise Marks Act, 1958. A rectification was sought ... Section 2(2)(b) of the Act (Act of 1958) thus:
2(2) In this act, unless the context otherwise requires any reference
Page 15 of 47
the Trademarks Act, Copyright Act and the Patents Act, 1970 (in short Patents
Act ); (iv) the law of passing off itself ... Act unlike that which is contained under the Patents Act (see Chapter
IV and V of the Patents Act) and the Trade Marks Act
other
words is a well known trademark within the meaning of
Section 2(z)(b) of the Trademarks Act, 1999. The use of the
trademark ... sold under
this trademark or a trademark which is similar to it.
18. Section 29(1) of the Trademarks Act, 1999, to the
extent
under a trademark 'JAMES BOND'. The trademark 'JAMES BOND' was physically and phonetically similar to the registered trademark 'GEMS ... trademark in relation to those goods. Such a right is statutorily recognised Page 1606 under Section 28 of the Trademarks Act
expiry of the user agreement, the trademarks got lapsed is not sustainable
and section 46 of the Trademarks Act does not come into operation
automatically ... action
against such future acts."
The Supreme Court has held that the act of passing off is an act of deceit and
tort every
Company has made an application for registration of trademark under the provisions of the Trademarks Act under various classes, other than the classes in which ... case (4th cited supra), was considering the provision of Trademark Act, but yet the same principles will apply when the aspect of infringement of trademark
trademark/ label "TURNING POINT" with respect to
educational services falling under class 41 of Schedule IV of The Trademarks
Act, 1999 . The documents ... trademark/ label „TURNING POINT‟ in 1998 and got it
registered on 15.11.2005 with respect of educational services falling under
Class 41 of The Trademarks Act
Trademark AACHI. The defendant is the
subsequent user who has slavishly imitated the plaintiff's
trademark. Under Section 29(4) of the Trademarks Act ... that the trademark “AACHI” is the registered trademark
and therefore, the plaintiff is the registered proprietor of the
trademark “AACHI”, the trademark of the plaintiffs
Trademark Act and Section 62 of
Copyrights Act, even assuming that the respondent is infringing the
appellant's trademark, the plaintiff have the jurisdiction ... place of
business or branch office. Trademarks Act and Copyrights Act are the
beneficial legislations. The said Acts empowers the plaintiff to file the suit
CONSTITUTION OF INDIA AND AS CONTRARY TO THE
TRADEMARKS ACT 1999, THE LEGAL METROLOGY [PACKAGED
COMMODITIES] RULES 2011 AND NOTIFICATION 1272/1962
ISSUED UNDER TRADEMARKS ... CONSTITUTION OF INDIA AND AS CONTRARY
TO THE TRADEMARKS ACT, 1999, THE LEGAL METROLOGY
(PACKAGED COMMODITIES) RULES, 2011 AND NOTIFICATION
1272/1962 ISSUED UNDER TRADEMARKS
