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
Miscellaneous
Appeal filed under Sections 47 , 57 & 125 of the Trademarks Act,
1999, prays the present application be allowed and the subject
Trade Mark ... Miscellaneous
Appeal filed under Sections 47 , 57 & 125 of the Trademarks Act,
1999, prays the present application be allowed and the subject
Trade Mark
based on mere
speculation. Their trademark COTHAGIRI is protected
and permitted u/s.35 of Trademarks Act, 1999 which
clearly provides that bonafide ... plaintiff trademarks are registered
under class 30 contained in Schedule IV of the
Trademark Act refers to coffee, tea, coca, sugar, rice,
artificial coffee
they are the exclusive proprietorship of
the use of the trademark KAVIRAJ under Trademarks
Act, 1999 and Copyright Act, 1957 and also it is claiming ... trademark is established, onus would be on
defendant to show that he is entitled to use the
trademark as well- Trademarks Act
result the
defendant has infringed the plaintiff registered trademark
under section 134 & 135 of Trademarks Act, 1999 etc.,
13. Inter alia the learned counsel ... trademark, means the person for the time being
entered in the register as proprietor of the
trademark
2(w) - Registered trademark- means
trademark which
further contended that its trademark
NANDINI is a well-known trademark as specified in
Sec.2(1)(zg) of Trademarks Act, 1999 and the same ... plaintiff's trademark in class
42(Presently class 43). Inview of Sec.124 of the
Trademarks Act, 1999, the present suit has tobe stayed
application filed for registration of trademark as on
14/07/2015. As per Sec.23 of Trademarks Act the
registration of trademark ... trademark and obtained the registration
of the trademark. The plaintiff also using the said
trademark for her business. As such, the trademark of the
plaintiff
used then it amounts to infringement of
trademark.
As per section 31 of the Trademarks Act, the
registration of trademark shall be prima-facie
evidence ... passing off of the
plaintiff's trademark cannot be accepted.
Section 35 of the Trademarks Act, 1999 which
reads as under:-
"Nothing
Copyright Act ') and Sections 103 / 104 of Trade Marks Act,
1999 (hereinafter referred to as the ' Trademarks Act /TM Act ... Copyright Act
and Sections 103 / 104 of the Trademarks Act inter alia against the
revisionist. Needless to mention, the revisionist has further
impugned the consequent
trademark as a trademark which is actually on the register and remaining in
force. Assignment in terms of Section (i) (b) of the Trademarks Act ... been entered on the
register of the trademark.
23. Further Section 31 (1) of the Trademarks Act 1999 prescribes that in all
legal proceedings relating
