CiteTEXT
...Registrar of Trademarks GST Road,
Guindy,
Chennai - 600 032. ..... 2nd respondent Prayer : Petition for rectification of trademark under Section 57 of ...
OP (TM) IPD No.5 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2024
CORAM...:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE OP (TM) IPD No.5 of 2023
PSYCO REMEDIES LTD.,
Village Latton Dana Ludhiana - Chandigarh Highway...
...from CS (Comm) 171/2022 stood thus, the petitioner instituted the present petition before this Court under Section 57 of the Trademarks Act, seeking, as already noted, cancellation of the registra...petitioner to invoke Section 57 of the Trademarks Act, seeking rectification of the register of trademark and cancellation of the trademark of Respondent 1. That as an i...conferrred by Section 57 of the Trademarks Act.
21. In fact, the judgment of the Supreme Court in Patel ...
...not maintainable under Section 57 of the Trademarks Act, 1999 since the Petitioner does not meet the criteria of an 'aggrieved person'. His contentions are summarised hereinbelow..., being the owner of the GM trademarks, is clearly a person aggrieved under Section 57 of the Trademarks Act, who can maintain the instant cancellation petition...precedents interpreting Section 17 of the Trademarks Act that categorically hold that an assessment of competing trademarks must be undertaken in their entirety, considering the marks as whole ent...
...present petition has been filed under Section 57 of The Trademarks Act, 1999, seeking removal/cancellation of the respondent no.1's mark 'AMUL' with the device mark , bearing registration no. 1294...trade name 'AMUL', being a well-known trademark, as defined under Section 2 (zg) of the Trademark Act, 1999, is entitled to highest degree of protection across classes, even for dissimilar goods and...prominent part.
3. It is submitted that the petitioner no. 2 being the registered proprietor of 'AMUL' trademarks, has licensed petitioner no.1 vide Trademark...
...M/s. Irrigation Engineers (India) firm in Class 7 from the register or rectification of the Register of Trademarks under section 47. 57, 125 of the Trademarks ...section 25 of the trademarks Act 1999, the respondent was supposed to file renewal with in the period one year of validity period 30/06/1999 to obtained further renewal validity ...not renewed under section 25 of the Trademarks. act. so unnecessary trademarks which have not been renewed can be weeded out of the trademark register. Further, we are also directing the Appellate...
...).
"Wherein the Hon'ble court has taken view that "the suit of passing-off and the opposition proceedings pending before the Registrar of Trademarks are different...opposition proceedings before the Registrar. The rectification proceedings before the board under section 57 of the trademarks Act cannot be equated to be... of the plaintiff but in rectification proceedings under section 57 of the trademarks Act it deals with the power to cancel or vary registration on many grounds and to expun...
...-2010 in the name of Shri Praveen Pal Bajaj in Class 7, near Delhi Gate, G.T. Road, Ghaziabad, U.P., from the register or rectification of the register of Trademarks Under Section 57 of t...Registrar under provisions of Section 57 of the Trademarks Act 1999.18. Keeping in view of the extensive submissions made herein above by the counsel for the applicant we ...Trademarks Act, 1999.5. It is also alleged by the applicant that the use of the mark by the respondent is creating confusion in the minds of the public and the consumers at large being the...
.... 3 under No. 1198540 in Class 11 from the Register of Trademarks under Section 57 of the Trademarks Act, 1999 (TM Act). By the said impugned order the...the IPAB under Section 57 of the Act read with Rule 2 of the Trademarks (Applications and Appeals to the IPAB) Rules, 2003 (hereinafter referred to as the TMAA Rules) and Rule 3 ...that the word “person” would include “persons” as well.16. There could be many contexts where more than one person could jointly file an application under section 57 of the tm act. For instance, unde...
...petitions are filed for rectification of the Register under Section 57 of the Trademarks Act, by the petitioner alleging that the rival mark registered by the second respondent on an application f...Registry
Chennai - 600 032 ... 2nd Respondent in all the OPs Prayer in (T)OP(TM) Nos.115 to 117 of 2023 : Original Petitions filed under Sections 47, 57 and 125 of the Trade Marks Act...1208076 in Class 14 registered in favour of the first respondent and to cancel the subject registrations obtained unlawfully as also to direct the Registrar of Trademarks to rectify the said...
... the proceedings under Section- 57(4) of Trademarks Act, 1999. The First Appeal was Accepted and CPIO was directed to provide information as per the Email Conversation. The Action Ta...was provided and also informed that order will be passed in due course which will be communicated to the Concerned parties. The Proceedings were initiated under Section-57(4) of...
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Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www....
...) filed under Section 57 of the Trade Marks Act, 1999, to Remove /expunge/rectify the entry relating to Registration No.4090772 in Class 8 and award costs in favour of the Petitioner.
P...
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under Section 57 of the Trade Marks Act, 1999, to Remove /expunge/rectify the entry relating to Registration No.4090774 in Class ...Section 57 of the Trade Marks Act, 1999, to Remove /expunge/rectify the entry relating to Registration No.4090773 in Class 11 and award costs in favour of the Petitioner.
Prayer in OP(T...
...registration ought to be cancelled from the register of trademarks under section 57(2) of Trademarks Act, 1999 being “an entry made without sufficient cause”. T...alleged adoption and use. Accordingly, the impugned registration obtained by the respondent No. 1 is liable to be cancelled/removed/expunged under the provisions of Section 57 of the ...applicability of the section 47(1)(b) and section 57(2) of Trademarks Act, 1999 further coupled with clause 21 of the Emblems and Names (Prevention ...
...16.2.2005 was issued by the Registry of Trademarks, Mumbai calling upon the petitioner to show cause under Section 57(4) of the Trademark Act, 1999 as to why the registr...by the Trademark Registry, New Delhi which has been impugned on the writ petition, the following Order has been passed by Assistant Registrar of Trademarks:(5) Meanwhile, in the light of the pendency ...not affect the rights of the parties to assail the final orders passed under Section 57(4) of the Trade Marks Act, 1999 by the Assistant Registrar of Trademarks...
...Sections 47(1)(a) & (b) and Section 50(ii), 57(2) (3) of the Trademarks
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Act, 1999, to order a...petitioner would now state that the petitioner would now be approaching the trial Court, seeking leave to file a petition under Section 57 of the Act, and inasmuch as the present petition is filed without...present petitioner. The petitioner herein has taken out an application for stay of proceedings under Section 124 of the Trade Marks Act, 1999, citing the pendency of the present petition before this...
...dt 31-03-2009 in the name of Shri Praveen Pal Bajaj in Class 7, near Delhi Gate, G.T. Road, Ghaziabad, U.P. from the register or rectification of the register of Trademarks Under Section 57 ...thus, contravenes the provisions of Section 9 & 11 of the Trademarks Act, 1999.5. It is also alleged by the applicant that the use of the mark by the respondent is creating confusio...under Certificate No. 824400 dated 30-03-2010 in Class 7 is almost similar products as Emery Stones, being in violation of the provisions of Section 11 of the Act for the reason of its similarity ...
...
COMMON ORDER
The learned counsel for the writ petitioners place reliance on Section 125 of the Trademarks Act, 1999 and submitted tha...forum where he can lay his petition
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for rectification of Register under Section 57 of the Act. Now that these p...Registrar of Trade Marks The Office of the Trademarks Registry Intellectual Property Office Building G.S.T. Road, Guindy, Chennai 600 032 ... Respondents
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J U D G M E N T (O R A L)
% 12.10.2023
1. This petition under Section 57 of the Trade Marks ...11(1)(b) of the Trademarks Act, which would disentitle the application of Respondent 1 for registration of mark "RAZOFAST" even from consideration, stand satisfied in the present case...its judgment dated 16 August 2023 in CS (COMM.) 436/2021, that the use of the mark "RAZOFAST" by the defendant is likely to lead to confusion in the market. All considerations, envisaged by Section...
...).
"Wherein the Hon'ble court has taken view that "the suit of passing-off and the opposition proceedings pending before the Registrar of Trademarks are different...opposition proceedings before the Registrar. The rectification proceedings before the board under section 57 of the trademarks Act cannot be equated to be... of the plaintiff but in rectification proceedings under section 57 of the trademarks Act it deals with the power to cancel or vary registration on many grounds and to expun...
...).
"Wherein the Hon'ble court has taken view that "the suit of passing-off and the opposition proceedings pending before the Registrar of Trademarks are different...opposition proceedings before the Registrar. The rectification proceedings before the board under section 57 of the trademarks Act cannot be equated to be... of the plaintiff but in rectification proceedings under section 57 of the trademarks Act it deals with the power to cancel or vary registration on many grounds and to expun...
...petitioner-defendant No.1 had preferred a rectification application under Section 57 of the Trademarks Act, 1999 before the Intellectual Property Appellate Board during the pendency of the Suit. W...apply the provisions of Order XIV of the Code of Civil Procedure, 1908, together with Sections 47, 57 and 124 of the Trademarks Act, 1999. It was submitted that the petitioner had elabora...Trade and Merchandise Marks Act, 1958 to be live also in view of the pari materia provisions of Sections 47, 57, 124 and 125 of the Trademarks Act, 1999...