mark is a well-known mark in India thereby it enjoys the transborder reputation. In the applications filed by the appellant for registration ... appellant. He also relied upon several documents to claim the transborder reputation by drawing our attention in respect of registration of the mark in various
were also
engaged in the work relating to "Load testing of Transborder System of 600-
T slipway of dry docks and slipway department ... plate SDD Industrial
pumps and maintenance works relating to maintenance of "Transborder
system and allied equipment" located at Naval Dockyard under Annual
Maintenance
gained popularity in India but also outside India and has thus acquired transborder reputation through travelling trade and industry.
5. The applicants have been protecting ... Park Hotels & Resorts Inc. v. Westinn Hospitality Services Ltd. considered whether transborder reputation is an important factor in the matter of protection of marks
wherein the learned Judges of the High Court of Madras considered transborder reputation as an important factor in matter of protection of marks. However ... said case with a view to assess the transborder reputation of the impugned mark, the learned Judges took into account numerous prior actions undertaken
fact that there was such a foreign use..................."
While considering the transborder reputation, it is for the appellant to establish by letting in evidence ... trans-border reputation. If the appellant wants to rely upon the transborder reputation, it is for them to furnish the materials such as availability
working wholly and exclusively for
the assessee company in respect of transborder money
transfer business. At para 5 of the agreement between the
assessee
upper middle income strata of Indian society. Therefore, the plaintiff acquired transborder reputation in respect of the trade mark "WHIRLPOOL
Story by John P. Nichols placed as evidence on the file. The transborder reputation enjoyed by the mark 'WOOLWORTH' is not something
alleged user by the appellant in India has been established nor its transborder reputation established by way of advertisements or affidavits or proof of successful ... reputation established by heavy user or advertisements, or affidavits filed to establish transborder reputation. Learned Counsel, in support of his argument, also submitted that
auditing of 'rough
diamonds' established for cleaning up the transborder trade
in that prized commodity.
15. From their elucidation, we gather that
