...is denied on the grounds, that the assignment of Trade Mark effected was not registered with the Trade Mark authority, and it is façade of a transfer.3. (a)...Trade Mark entitled to benefit, as held by catena of decisions of this Tribunal and the Supreme Court’s decisions relied upon by the ld Advocate viz. para 3 of...reason to deny the benefit of the assignment deed on grounds of façade and non-registration as being made out.(b) the ld. D.R., while pointing out his defence, fairly admits, nothing...

...Gujarat is bad and illegal. Learned Senior "C"ounsel, Shri Thakore referred to the papers and submitted that as per deed of assignment of trade mark dated 3rd October, 1997, assignment of...nowhere in the notice, it has been mentioned that the document is required to be impounded. Learned Senior "C"ounsel, Shri Thakore submitted that as could be seen from the deed of assignment, it is evident that deed of ...of assignment of trade mark has been duly registered on payment of stamp duty, and therefore, the respondent No. 1 has no jurisdiction whatsoever. Learned Senior "C"ounsel, Shri Thakore submitted...

.... - 2003 (157) ELT 4 (SC) wherein the Apex Court has upheld the grant of the benefit of Notification on the basis of the assignment ...The learned Counsel also referred to Tribunal rulings on the eligibility of benefit of Notification on assignment of trade mark as referred in the case of: (i) B...owner to show that he has not transferred the trade mark by the Assignment Deed dated 23.12.2000. The appellants Minutes of Board meeting dated 2.4.1999 clearly recorded about acquiring the brand name...

..., Basavanagudi Branch, Bangalore for assignment of the trade mark “Eenadu” in respect of agarbathis (incense sticks) on certain terms and conditions.6. Clauses 1 to 7 of...assignment are set out hereunder:“Now this deed of assignment of trade mark “Eenadu” witnesseth as follows:.... The assignee shall have the right to use the trade mark “Eenadu” on its own and shall also be entitled to grant permission to third party/parties to use the same, subject to the said parties agreeing to maintain the good quality a...

...mark and entitled to maintain an action for infringement. The question has arisen because the trade mark is stated to be registered in the name of Natco Fine Pharmaceuticals Private Limited vide registration No. 44.... The plaintiff claims to have applied in Form TM 24 dated 25th July, 2000 to the Registrar of Trade Marks for entering the name of the plaintiff as the subsequent proprietor of the said trade ..., register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of the ...

...engaged in the business of running a chain of cafe and restaurants and is a part of Ramaiah Group; (b) that as per the Deed dated 9 December, 2009 of assignment of trade mark, t...plaintiff has at page 21 of its documents filed a photocopy of a Deed of Assignment dated 9 December, 2009 of the trade mark aforesaid executed by M/s Ramaiah Developers & Builders (...of the subject trade marks. It is contended that the plaintiff, without being the registered proprietor cannot maintain a suit for infringement of trade mark and in fact this suit is liable to be dismissed...

...& Invest. P. Ltd. - (S.C.) wherein the Apex Court has upheld the grant of the benefit of Notification on the basis of the assignment of trade name in favour of the assessee....on assignment of trade mark as referred in the case of :(i) Bull Worker Enterprises v. CCE, Mumbai-IV - (Tri.-Mumbai)(ii) CCE, Belgaum v. Abidel (I) - (Tri...present case. The appellant had relied on the Assignment Deed in the reply to the show cause notice including the Minutes of the Board meeting resolving to acquire the trade mark in the year 1999. The...

...K. Ramamoorthy, J.— The point involved in the above Civil Original Petition is a very short one. It relates to the alleged assignment of trade mark in favour of the respondent. The...the defendant filed a suit in the District Court for injunction on the basis of the assignment of trade mark in his Company. What is stated by the petitioner is that the alleged assignment letter ...transmissions.(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar sha...

...Gujarat has no authority to levy tax on the sale of goods which has taken place out of the State of Gujarat. In the present case, admittedly, the transfers in question, i.e, assignment of trade ...issuing impugned show cause notices and in raising demand for payment of tax under the Act with respect to the above transactions of transfer or assignment of trade mark and transfer of c...recorded hereinabove, under the deed of assignment and of sale, the petitioner has transferred corporeal rights to use trade mark and right to copyright, technology, etc. The said transfer has...

...rectification application Nos. TRA/150-154/TM/DEL and also M.P No. 27/2006 under section 98 of the repealing Act for calling for records from the Registrar of Trade Marks in relation to transmission and assignment ...the M/s. Shiva Tobacco Company and transmission and assignment of trade mark, the applicant moved these applications and hence, the applications are within time. He also submitted that the order of...transmission and assignment of trade mark passed by the Registrar of Trade Marks is without reason and support of necessary documents. The certified copies of Form TM-24 dated 20...

..., Detergent cake etc. which is being sold by them under the brand name ‘Farishta’; that the brand name ‘Farishta’ was registered in 1977 with trade mark authorities in the name of M/s. Charkha Soap Mills; that under a Deed ...Trade Mark Charkha Soap Mills has assigned the brand Charkha on 16-8-1993 to the applicants for exclusive use in certain territorial areas; that by another Deed of Assignment, Charkha...Soap Mills assigned the exclusive right and benefit of registered trade mark ‘Farishta’ along with goodwill of the business to the applicants; that the Jt. Registrar of Trade Mark had...

...document shows that prior to this date 31-10-91, the trade mark did not belong to the appellant and therefore could not be used for the clearances made during the period in question. This is the argument that the departmental repres...the document assignment, clearly establishes that the title to this trade mark was the proprietor of Unique Engineers during the period for which duty has been demanded. The provisions of Paragraph 7...Trade Mark Registry showing the entry in the records of that registry of Trimurti the brand name being “Trimurti” registered to Unique Engineers was produced. However the Commissioner has said that this...

...approached the Court with clean hands and suppressed the facts. 6. Product having trade mark OCID is not being sold in the market and what is sold is OCID-10 and OCID-20. 7. There is no ...Limited. There is no valid assignment of trade mark OCID in favour of the plaintiffs. Their application for assignment of the trade mark OCID is still pending before the...the plaintiffs for alleged infringement of trade mark / name 'OCID'. It is the case on behalf of the defendants that drug named 'OCID' has been registered in the name of one Cadila Chemicals Limited and th...

...respondent Sri. Raman Kartha. By the impugned order, the court below has restrained the appellant from using and continuing to use the trade mark “Assam Apple Valley” for his products till the disposal of the suit. I.A No. ...trade mark in his favour and therefore it was not proper on the part of the court below to grant the injunction, whereas the learned counsel for the respondent submitted that the assignment itself...JUDGMENTRamachandran Nair, J.This appeal is filed by the appellant aggrieved by the common order in I.A No. 5032 of 2012 and I.A No. 5955 of 2012 in O.S No...

...held, that there was an assignment of trade mark in favour of the party and that fact was not in serious dispute, the mere fact that the agreement was not registered could not alter the position. It...) defines assignment of trade mark to mean "an assignment in writing by act of the parties concerned." Section 37 of the said Act lays down assignability and transmissibility ...: 44. Registration of assignments and transmissions.- (1) where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the R...

...Kanwaljit Singh Ahluwalia, J. (Oral)Petitioner, in this writ petition, claim that on basis of assignment of trade mark vide Annexure P5, he was well within his rights to.... The grievance of the petitioner is that respondents No. 4 and 5 could not use the trade mark Librosar through respondent No. 3 and grant of drug licence to respondent No. 3 was not justified...registered the brand name Librosar under the Trade Mark Registration through M/s Jeoffray Laboratories had not brought on record at the time of grant of permission to manufacture Librosar for them by...

...Shyam Sunder Bajaj is also included. That therefore respondent became the co-owner of the trade mark. Against this, the argument advanced by the learned DR referring to various provisions of trade ...trade mark to the respondents, but only authorization to use the trade mark. Secondly, as per the deed there was no mention of transfer of ownership of trade mark. Third...respondent is the son of Shri Shyam Sunder Bajaj who is one among the two in whose name the trade mark is registered. The documents are clear as to the unequivocal intention of Sh.Shyam Sunder Bajaj to assign the ...

...of the trade mark in all senses. By claiming that he is the proprietor of the trade mark though the proprietor in technical sense may be his company M/s… Safari Cycles Pvt. Ltd. where he held 70% .... Ltd. It was held that respondent No. 1 has not derived any advantage for non-disclosure about the assignment of trade mark Safari from his proprietorship firm M/s. Shagun Udyog to his company M/s...respondent No. 1's trade mark “Safari” under Sections 46, 47(4) and 56 of the Trade and Merchandise Marks Act, 1958 on the ground that the registration of the trade ...

...necessitated on account of the subsequent event i.e assignment of the rights of Smt. Promila Sehgal to use the trade mark “KUNDAN” in favour of the petitioner-defendants, and the attack ...CAB” by Smt. Promila Sehgal who has assigned the trade mark and business to the defendants. Learned counsel for the petitioner has submitted that the plaintiff-respondents are not entitled to claim any rendition of account ...any assistance from the above decision because here it is not the petitioner-defendant who on the strength of the assignment of trade mark in its favour has staked any claim against the plaintiff...

...registration by the appellant on 06.12.2006 which was registered by Trade Mark Registry in favour of the appellant on 04.09.2008 . The adjudicating authority confirmed the demand denying the exemption. The Ld. ...case is March 2003 to February 2008. Therefore, as per assignment deed the appellant was entitled for SSI Exemption. He submitted the copy of assignment deed. He further submits that on 06.12.2006 the deed of ratif...favour of the appellant. He further submits that on the basis of the assignment deed and deed ratification the appellant applied for the registration of the trade mark SNT in their favour on 06.12...