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
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
rectifying the register of
trademarks and expunging trademark number 538927 from the register under
Section 57 of the Trademarks Act, 1999 and direct the amended ... Trademarks Act, 1999 . A similar petition filed by JDL for removal of the
Trademark of ABD, ‘OFFICER’S CHOICE’ carrying register No:72161 under
class
defence to an
allegation of infringement of the registered trademark. The Trademarks
Act too envisages an honest and concurrent user only as a ground ... marks would be
granted by the registry of trademark. There is no provision in the
Trademarks Act , which contemplates honest and concurrent user
forming
part or the whole of the registered trademark;
h) Section 33 of the Trademarks Act contemplates that if the
proprietor of an earlier trademark ... trademark and
trade dress / get up eversince 2009 when the defendant's trademark and
its logo was registered under the Trademarks Act . The colour
Trademark Registry that the Trademark
ARUN is well-known mark within the meaning of Section 11(6) of the
Trademarks Act ... Act, is subject to other
provisions of this Act. While, Section 28 of the Act, confers exclusive right of
registered Trademark on its holder, subject
Trademark Registry that the Trademark
ARUN is well-known mark within the meaning of Section 11(6) of the
Trademarks Act ... Act, is subject to other
provisions of this Act. While, Section 28 of the Act, confers exclusive right of
registered Trademark on its holder, subject
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
part or the whole of the registered trademark;
h) Section 33 of the Trademarks Act contemplates that if the
proprietor of an earlier trademark ... trademark and
trade dress / get up eversince 2009 when the defendant's trademark and
its logo was registered under the Trademarks Act . The colour
