CiteTEXT
...the same, the appellant herein has entered opposition with its notice of opposition dated 19.06.2020.
c) On 28.08.2020, the Trade Mark Registry forwarded the same to the second respondent to file its c...
Kerala. ... Respondents
PRAYER: Civil Miscellaneous Appeal (Trade Mark) filed under Section 91 of the Trade Marks Act, 1999, praying to allow this appeal by...
JUDGMENT
The appellant, having lost its opposition to an application which the second respondent herein has taken out for registration of its trade mark ...
...trademarks had to be treated as abandoned under Rule 45(2) of the Trade Mark Rules, 2017 and that though the petitioner had, vide communications dated 19 April 2023 and 11...
W.P.(C)-IPD 33/2023 & cont. matters Page 1 of 4 $~42 to 45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C...and Mr. Deepankar Mishra, Advs.
Versus
THE REGISTRAR OF
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish...
...had to be treated as abandoned under Rule 45(2) of the Trade Mark Rules, 2017 and that though the petitioner had, vide communications dated 19 April 2023 and 11...
W.P.(C)-IPD 33/2023 & cont. matters Page 1 of 4 $~42 to 45
* IN THE HIGH COURT OF DELHI AT NEW DELHI...and Mr. Deepankar Mishra, Advs.
Versus
THE REGISTRAR OF
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan...
...trademarks had to be treated as abandoned under Rule 45(2) of the Trade Mark Rules, 2017 and that though the petitioner had, vide communications dated 19 April 2023 and 11...
W.P.(C)-IPD 33/2023 & cont. matters Page 1 of 4 $~42 to 45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C...and Mr. Deepankar Mishra, Advs.
Versus
THE REGISTRAR OF
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish...
...the impugned order passed by the Assistant Registrar dated 9.10.2018, it is noticed that the sole basis of the Registrar putting the evidence of the record of the opponent is by operation of Rule 45(1). The learned Registrar does th..., decided on 18th October 2018 where by we have analysed the distinction between the Trade Mark Rules, 2002 and Trade Mark Rules, 2017 in detail and proceeded to observe that the changes ...party and not at the final stages of the proceedings.b) Secondly, No doubt that there exists a deemed abandonment provision which has been provided under Rule 45(2) of the Trade Mark ...
...Supreme Court in the case of Jagatjit Industries (supra.), the Trade Marks Rules, 2017 are to be interpreted as not tyrant to the justice but are aiding to the justice. 65. ...failure to comply with the provisions of rule 45 (1) of the Trade Marks Rules 2017 and that resulted into the consequences prescribed under Rule 45(2). ...rule 45 of the Trade Mark Rule 2017, calling the Appellants to file evidence within two months from the receipt of the notice, failing which opposition will be shall de...
...months specified in Rule 45(1) of the Trade Mark Rules, 2017 (the TM Rules). Questions ancillary thereto, such as the implications of the deemed abandonment of an opposition under ...the opposition is not taken on record and therefore, the opposition is deemed to have been abandoned under Rule 45(2) of the Trade Marks Rules, 2017. The application....
74. Since sub-rule (2) of Rules 45 and 46 of the 2017 Rules embody the deemed
35/39...
...Supreme Court in the case of Jagatjit Industries (supra.), the Trade Marks Rules, 2017 are to be interpreted as not tyrant to the justice but are aiding to the justice. 65. ...failure to comply with the provisions of rule 45 (1) of the Trade Marks Rules 2017 and that resulted into the consequences prescribed under Rule 45(2). ...rule 45 of the Trade Mark Rule 2017, calling the Appellants to file evidence within two months from the receipt of the notice, failing which opposition will be shall de...
...Supreme Court in the case of Jagatjit Industries (supra.), the Trade Marks Rules, 2017 are to be interpreted as not tyrant to the justice but are aiding to the justice. 65. ...failure to comply with the provisions of rule 45 (1) of the Trade Marks Rules 2017 and that resulted into the consequences prescribed under Rule 45(2). ...rule 45 of the Trade Mark Rule 2017, calling the Appellants to file evidence within two months from the receipt of the notice, failing which opposition will be shall de...
...Rule 45 of the Trade Marks Rules, 2017). According to him, though this trade mark is registered subsequent to passing of the order, the registration relates back to date of filing of appl..., Nagpur vs City Collection, Nagpur and others (supra) refused to consider the subsequent registration of trade mark of the plaintiff for the reason that the provisions of Order XLI Rule 27 of C.P.C...infringing the registered trade mark of the plaintiff/respondent without giving any finding on the relevant issues. Whether the trial Court has satisfied itself about the trinity test prior to restraining...
...Rule 45 of the Trade Marks Rules, 2017). According to him, though this trade mark is registered subsequent to passing of the order, the registration relates back to date of filing of appl...consider the subsequent registration of trade mark of the plaintiff for the reason that the provisions of Order XLI Rule 27 of C.P.C. were not followed. This Court has thought it fit to deal with the...infringing the registered trade mark of the plaintiff/respondent without giving any finding on the relevant issues. Whether the trial Court has satisfied itself about the trinity test prior to restraining...
...trade mark on 05.04.2018, in relation whereof objections were invited by way of publication and in pursuance whereof, the respondent No.2 had raised opposition.
2. Learned Senior Counsel submitted t...objection/representation in this regard by way of letter dated 06.11.2022, followed by another letter dated 07.06.2024, but no heed has been paid by the Registrar (Trade Mark) in this regard...earlier representations/notices and a certified copy of the order instant before the Registrar (Trade Mark) within a period of two weeks from today.
7. In case, the...
...registration of the trade mark on 05.04.2018, in relation whereof objections were invited by way of publication and in pursuance whereof, the respondent No.2 had raised opposition.
2. Learned Senior...submitted specific objection/representation in this regard by way of letter dated 06.11.2022, followed by another letter dated 07.06.2024, but no heed has been paid by the Registrar (Trade Mark) in this...photocopies of the earlier representations/notices and a certified copy of the order instant before the Registrar (Trade Mark) within a period of two weeks from today.
7...
.... Counsel for the Appellant on 15thApril, 2023 submitted as under:
(i) that there is a difference in the language between Rule 53 of the Trade Mark Rules, 1959 (hereinafter...opposition is treated as 'abandoned' under Rule 45, whether the grounds contained in the notice of opposition can be considered for the purposes of registration of the mark in terms of Section 19 of the Trade Marks...decision of IPAB in Sahil Kohli v. Registrar of Trade Mark and Anr., (2018 SCC OnLine IPAB 55). The IPAB'...
.... The respondent is a firm carrying on business in the manufacture and sale of diesel internal combustion engines and their parts. The appellant was a registered proprietor of the registered trade mark...Ruston bearing Registration No. 5120 in Class 7 in respect of internal combustion engines. Ruston and Hornsby (India) Ltd., is the registered user of the said trade mark and manufactures in India and...sells in India internal combustion engines under the trade mark “RUSTON”. Sometime in June 1955 the appellant came to learn that the respondent was manufacturing and selling diesel internal combustion...
...claiming to be the proprietor of the said mark by whom the said mark was proposed to be used. The said application was advertised as required by the Trade Marks Rules, 1942. No notice of opposition to the....18. Section 45 provides as follows:“45. Proposed use of trade mark by company to be formed.—(1) No application for the registration of a trade...any or all of the goods in respect of which the trade mark is registered otherwise than as a defensive trade mark; but the Central Government may, by rules made in this behalf, provide that no...
...from infringing the registered trade mark of the plaintiffs used on packets of biscuits.2. The facts are as follows. The plaintiffs-appellants before us are manufacturers of...biscuits and confectionery and are owners of certain registered trade marks. One of them is the word “Gluco” used on their half pound biscuit packets. Another registered trade mark of theirs is a...around her on the background of a farmyard house and trees. The plaintiffs claim that they have been selling their biscuits on an extensive scale for many years past under the said trade mark which...
...the Court, the judgment of the IPAB in Sahil Kohli
v. Registrar of Trade Mark 2018 SCC OnLine IPAB 55. In the said case, the ld. IPAB has taken a view that under ...prescribed in the Act and the same are laid down in the Rules. Rule 45 of the Trade Marks Rules, 2017 (hereinafter '2017 Rules'), which are currently in place, requires the Oppon...extension of one month could be granted by the Registrar if the same was sought under Form TM -56 in terms of Rule 50(3) of the 2002 Rules. The corresponding provision in 2017 Rules, i.e., Rule 45...
...relation to those goods by him or, in a case to which the provisions of Section 45 apply, by the company concerned, and that there has, in fact, been no bona fide use of the trade mark in relation to...the United States of America, they started a gyrating movement by applying for registration of their trade mark “whirlpool” to the Registrar of Trade Marks under the Trade Marks Act, 1940, which has...since been replaced by the Trade and Merchandise Marks Act, 1958 and which, for the sake of brevity, shall hereinafter be referred to as “the Act”. The trade mark was duly registered and a Certificate...
...goods bearing the appellant's trade-mark and in consequence praying for the issue of a permanent injunction restraining respondents from using the trade mark of the appellant and holding that they are...liable to render accounts, pay damages and surrender all goods bearing the appellant's trade mark. Pending the disposal of the suit, the appellant prayed for issue of temporary injunction interms of its...after processing to put the trade mark in question on its voiles and respondent No. 3 complied with that direction. From 1976 the appellant gave this processing work to another party and is getting the...