Registrar,
Registrar shall consider that trademark as a well-known
trademark for registration under the Act. Even prior to the
introduction of the 2017 Rules ... trademark to be a well-known trademark, then
the Registrar is only required to include the said trademark in the List
of Well-Known Trademarks
family of trademarks, trade dresses and other Intellectual
Property rights associated with the concerned goods under the said
trademarks, in India. Plaintiff and Defendant ... Arbitration and Conciliation Act, 1996
(hereinafter referred to as the '1996 Act') seeking reference of the
parties to arbitration in view of Arbitration
satisfied for establishing infringement are: (a) trademark is identical
with or similar to the registered trademark; (b) registered trademark
has a reputation/goodwill in India ... Trade Marks Act, 1999 (hereafter 'the TM
Act') provides that a registered trademark is infringed by a person
who, not being a registered
Designs Act
and violation of rights under the Copyright Act . In the sam e su it, Plain tiff
asserts trademark rights in the registered designs ... Act. Section 2(d) of the Act defines a design
'to exclude a trademark under the Trade Marks Act
Trade Marks Act,
1999 (hereinafter referred to as the "Act") albeit Plaintiff has filed an
application for registration of the trademark PEBBLE (word ... Act confers certain rights by virtue of registration,
subject to other provisions of the Act, including the exclusive right to use
the trademark in relation
Act
and Section 62(2) of the Copyright Act, 1957 as the Plaintiff being the
registered proprietor of the trademark ' ' (label) and
artistic ... valid and subsisting. Under Section 28(1) of the Act,
on registration of the trademark, the registered proprietor gets an
exclusive right
Marks Act,
1999 (hereinafter referred to as the '1999 Act'). The
products are sold under unique and distinctive labels and
packaging. Trademark Officer ... third parties. Under Section 29(2) of the 1999 Act, a registered
trademark is infringed by a person who not being a registered
proprietor
Trade Marks Act, 1999 (hereinafter referred to as the 'Act') to use the
trademark in relation to the goods in respect of which ... trademark 'SOMANY' cannot sue the
Defendants for infringement of its registered trademark. Interpreting
Section 28 of the Act, the Supreme Court
exclusive use of the trademarks and the
formative trademarks and, therefore, use of the same or deceptively similar
trademarks by an unauthorised person, in relation ... Trade Marks
Act, 1999 (hereinafter referred to as the ' Trade Marks Act '). Plaintiffs
further claim that the said trademarks have acquired the status
fortified
from the provisions of Section 29 of the Act which postulates
that a trademark is infringed by a person who is not a
registered ... trademarks which are identical with or nearly resemble each other to use the
trademarks but at the same time, Section 124 of the Act cannot
