Register of Trademarks by deleting Hardie's trademarks under Section 46(1) of the Trade & Merchandise Marks Act, 1958. A rectification was sought ... Section 2(2)(b) of the Act (Act of 1958) thus:
2(2) In this act, unless the context otherwise requires any reference
Page 15 of 47
the Trademarks Act, Copyright Act and the Patents Act, 1970 (in short Patents
Act ); (iv) the law of passing off itself ... Act unlike that which is contained under the Patents Act (see Chapter
IV and V of the Patents Act) and the Trade Marks Act
other
words is a well known trademark within the meaning of
Section 2(z)(b) of the Trademarks Act, 1999. The use of the
trademark ... sold under
this trademark or a trademark which is similar to it.
18. Section 29(1) of the Trademarks Act, 1999, to the
extent
under a trademark 'JAMES BOND'. The trademark 'JAMES BOND' was physically and phonetically similar to the registered trademark 'GEMS ... trademark in relation to those goods. Such a right is statutorily recognised Page 1606 under Section 28 of the Trademarks Act
trademark/ label "TURNING POINT" with respect to
educational services falling under class 41 of Schedule IV of The Trademarks
Act, 1999 . The documents ... trademark/ label „TURNING POINT‟ in 1998 and got it
registered on 15.11.2005 with respect of educational services falling under
Class 41 of The Trademarks Act
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
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
known "ARTIZE"
mark under Section 29(1) of the Trademarks Act, 1999 and violation of their
common law rights. Jaquar enjoys a market ... incapable of registration in terms of Section 9 of
the Trademarks Act. Further, as it is intended to suggest that Jaquar's
products
registration of the trademark as well as the device and the label under the provisions of the Trademarks Act and it has obtained several registrations ... plaintiff are well known trademarks within the meaning of this expression in Section 2(1)(zg) of the Trademarks Act, 1999.
6. It has also
aforesaid trademark
FORZID or rectification of register under Sections 9 , 11 , 18 , 57
and 125 of the Trademarks Act, 1999 (hereinafter referred ... appellant regarding trademark FORZID was
that this trademark was adopted in the year, 2001 and the
registration of trademark for its pharmaceutical preparations
and obtained
