Jaypee is a permitted user
under section 48(2) of the trademarks Act, 1999. We are afraid this is not
a correct proposition. The trademarks ... this Act
of 1999 is different from the definition given in section 2(1)(m) of the 1958
Act. The 1999 Act enlarges the scope
England into British India and selling them under the trademark EXIDE.
There was no Trademarks Act in India till 1940 and therefore, CESCO ... registered the trademark EXIDE in the UK on 23.12.1902- (trademark
Registration no. 250920). After the enactment of the Trademarks Act, 1940 ,
on 8.6.1942, CESCO registered
claims that its registered trademark "Marlboro" is a trademark
known the world-over, and a „well-known trademark‟, as defined in Section ... stand-alone
trademark.
Relevant provisions of law
28. It is relevant to extract the relevant provisions of the Trademarks Act, 1999 ("the
Act
2012 Page 1
Trade Marks Act, 1999 (hereafter "the Act") for rectification of a registered
trademark, during the pendency of a suit ... Madras High Court under Section 124
(1) of the Trademark Act."
16. Ms. Prathiba Singh, learned senior counsel for one of the intervening
parties
SCRABBLE has become a well-known trademark within the
meaning of section 11(6) of the Trademarks Act, 1999. It is stated that the
plaintiffs ... plaintiffs cannot seek enforcement of the
trademark SCRABBLE, because of Section 36 of the Trademarks Act, which
reads as follows:
‚36. Saving for words used
also stated that the trademark registration for the VARDHAMAN GROUP and
logo under the Trademarks Act (hereafter "the Act") were applied ... trademark infringement by the present plaintiff -
arrayed as a defendant - on account of use of a similar corporate name. Concededly, the new
Trademarks Act
application filed by the plaintiff and a
plea under Section 124 Trademarks Act, 1999 (hereafter called "the Act") by the defendant. The
plaintiff ... fall within the same class in the Schedule to
the Trademarks Act . The defendant has also not argued as to what impelled
only amounts to infringement under Section 29 (2) of the Trademarks
Act but also trademark dilution under Section 29 (4) and corporate name infringement under ... time.
14. With the enactment of Section 29 (5) of the Trademarks Act, Parliament has sought to
codify the law in respect of infringement through
action; thus, the
provision of Section 134(2) of the Trademarks Act, (which concerns
infringement actions) is not available to it. That section, like Section ... somewhat
different in cases of copyright infringement, and trademark
infringement (See Section 134, Trademark Act, 1999 and Section 62(2)
Copyright Act, 1957: in these
Act. This is further, made clear by Section 27(2)
of the Act, which provides that
"nothing in this Act shall be deemed ... Act. Similarly Section 33 of the Act
also saves vested rights of a prior user. It lays down that nothing in the Act shall
entitle
