Introduction: A petition was filed[1] under section 57(2) of the Trade Marks Act, 1999 for the removal of the mark “P BROS”. The mark P BROS is registered in the favour of the respondent no. 1. Notices were issued to the respondents and were accepted by them, however, no appearance was made by the Respondent … Continue reading CASE OF TRADEMARK CANCELLATION AFTER REGISTRATION: P BROS V. FYBROS
TRADEMARK REGISTRATION IN SINGAPORE
Introduction: Intellectual Property is the creation of mind or intellect and anything created by using application of mind is called its intellectual property. A trade mark is a mark/symbol that a person or a company uses to set his goods or services apart from those of others in the course of his business or trade. … Continue reading TRADEMARK REGISTRATION IN SINGAPORE
CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER
Introduction: In the present case[1] an appeal was filed at IPAB and pursuant to the Tribunal Reforms Act of 2021, the present appeal has been received on transfer by the High Court of Delhi. The Senior Examiner of Trademarks' decision dated March 15, 2018, regarding Application No. 2365543 for the mark under class 4, is … Continue reading CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER
LEARN ABOUT TRADEMARK REGISTRATION IN CANADA
Introduction: A trademark can be a word, letter, symbol or combination of these and so on. A trademark is an essential for running the business as the customers recognize the business with the trademark name. We witness trademark examples almost daily for instance the mark on the bottle from which we drink water, the trademark … Continue reading LEARN ABOUT TRADEMARK REGISTRATION IN CANADA
BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE
An interim application under Order XXXIX Rules 1 and 2 of CPC seeking interlocutory injunction had been filed by the plaintiff wherein ad interim injunction was granted in the favour of the plaintiff. The defendant further filed an interim application to vacate ad interim injunction granted on 11th October 2022. For the given below reasons … Continue reading BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE
Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?
Facts: In the case ofTTK Prestige Ltd V. K K And Company Delhi Pvt Ltd & Ors’.[1]: the plaintiff is engaged in the business of kitchen home appliances like pressure cooker , gas stoves and so on under the brand name PRESTIGE since 1955. The registration of the mark with respect to class 11 (installation … Continue reading Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?
WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
Section 11(6) of the Act: (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including: (i) the knowledge or recognition of that trade mark in the relevant section of the … Continue reading WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
KHAN CHACHA VS KHAN CHACHA BIRYANI
The plaintiff holds registration of trademark under Class 29 and 43. He claims to be the user of the mark since 1st April 1972 for food items as well as for providing restaurants services, which are also enlisted on various websites which provide online catering services. As per the plaint “KHAN CHACHA” is inventive and … Continue reading KHAN CHACHA VS KHAN CHACHA BIRYANI
Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
The Hon’ble High Court of New Delhi[1] was of the opinion that the mark ‘SUBWAY’ and ‘SUBERB’ are not deceptively similar to each other as the word, ‘Sub’, common to both the marks is a publici juris and the remaining ‘ERB and WAY’ are neither phonetically similar nor similar as a word mark. The Case: … Continue reading Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
WHAT IS ARBITRATION CLAUSE Arbitration Clause refers to the clause which allows the parties to refer their dispute to Arbitration under the seen or unforeseen circumstances of disputes among the parties to a contract. Further this clause provides an opportunity to settle the disputes at an economic and time saver manner as compared with that of … Continue reading WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
DUCTUS EDGE 