grant of registration. Thus, the
impugned trademark must also be removed under Section 47 of the
Trademarks Act for absence of bona fide intention ... Petitioner's trademark in the course of trade.
Referring to Section 11(3)(a) of the Trademarks Act, he contended that the
Court must
purpose of
determining the trademark as a well known are mentioned in Section 11(6) of
trademark Act, which reads as follows:
(6) The Registrar ... registered trademark would
amount to infringement of plaintiff's trademark within the meaning of Section
29(4) of trademark Act.
27. The learned counsel
purpose of
determining the trademark as a well known are mentioned in Section 11(6) of
trademark Act, which reads as follows:
(6) The Registrar ... registered trademark would
amount to infringement of plaintiff's trademark within the meaning of Section
29(4) of trademark Act.
27. The learned counsel
respect of any part or
portion of said registered trademark. However, Section 17 of trademarks Act
has to be read along with Section ... trademarks Act, which explains what
would constitute infringement of trademark. Section 29 of trademarks Act
reads as follows:
(1) A registered trade mark is infringed
respect of any part or
portion of said registered trademark. However, Section 17 of trademarks Act
has to be read along with Section ... trademarks Act, which explains what
would constitute infringement of trademark. Section 29 of trademarks Act
reads as follows:
(1) A registered trade mark is infringed
Mount, Guindy, Chennai – 15. Therefore, by invoking Section 134(2) of
Trademarks Act, treating him as the one carrying on the business within ... infringement of the registered trademark and other reliefs.
Therefore, by virtue of the concession given under Section 134 of Trademarks
Act, the applicant is entitled
trademark and cancellation of the trademark of Respondent 1. That
as an independent right, independently conferrred by Section 57 of the
Trademarks Act ... trademark
only where the matter suffers the drill of clause (ii) in the second part
of Section 124 of the Trademarks Act, i.e. where
this regard, the applicant relies upon Section 56 of the
Trademarks Act 1999 (the Trademarks Act ) which incorporates a legal
fiction by which the application ... trademark in India in relation to the
relevant goods for any purpose for which such use is material under the
Trademarks Act . With reference
Sections 134 & 142 of the
Trademarks Act, 1999 and Section 60 of the Copyright Act, 1957,
praying as follows ... reliefs of injunction
sought for under Section 142 of the Trademarks Act, 1999.
7.The suit is resisted by the defendants contending that the
issuance
using a deceptively similar trademark ZINKOWIT or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whatsoever ... plaintiff either under the law of Trademarks under Sections 28 & 29 of the Trademarks Act or under Common law in respect of passing
