Tag: 1999

Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

The Hon’ble Apex Court in the case of Patel Field Marshal Agencies Vs. P.M. Diesels Ltd. &Ors. [1] threw light upon the said issue of invalidity. PATEL FIELD MARSHAL AGENCIES vs. P.M. DIESELS LTD. & ORS. Parties: Respondent is the registered owner of 3 trademarks, the common feature of all which is the words “Field … Continue reading Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

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Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

The Hon’ble High Court of Delhi in a recent case of Peps Industries Private Limited vs. Kurlon Limited, [1] discussed about the defence under Section 34 of the Trade Marks Act, 1999 along with the concept of descriptive trademark. PEPS INDUSTRIES PRIVATE LIMITED VS. KURLON LIMITED Brief Facts: By way of this suit before the … Continue reading Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

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Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

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Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

The Hon’ble High Court of Delhi in the case Adidas AG v Union of India and Anr vide W.P.(C) 3125/2013 set aside the impugned ex parte order by IPAB dated 28th December 2012 and remanded the matter to IPAB for fresh consideration. BRIEF FACTS OF THE CASE: In the instant case, Petitioner has trademark “RESPONSE” … Continue reading Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

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