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started the gyrating
movement by applying for registration of their Trade Mark
"WHIRLPOOL" to the Registrar of the Trade Marks ... trade mark.
Section 17 contains the provision for "Registration
of Trade Mark subject to disclaimer" and provides that the
Tribunal
Supreme Court of India
within the extent of the registration.
(4) A trade mark shall not be registered in Part B of the register ... within the extent of the registration.
(5) In determining whether a trade mark is distinctive or is capable of distinguishing
Central Government Act
Absolute grounds for refusal of registration.-
(1) The trade marks-
(a) which are devoid of any distinctive character, that ... registered: Provided that a trade mark shall not be refused registration if before the date of application for registration
Central Government Act
mark applies;
(iv) the duration and geographical area of any registration of or any application for registration of that trade ... consider that trade mark as a well- known trade mark for registration under this Act.
(9) The Registrar shall
Central Government Act
trade mark registered,
he acquires valuable rights by reason of such registration.
Registration of his trade mark gives ... that trade
mark. The intention to use the mark must exist at the date
of the application for registration. Section
Supreme Court of India
Registrar in the prescribed manner for the registration of his trade mark either in Part A or in Part ... case of an application for registration of a trade mark (other than a certification trade mark) in Part
Central Government Act
have with a registration in its favor. The
washing machines manufactured by appellant under trade mark 'WHIRLPOOL'
is not being ... Trade Marks Act of a mark which has
been used, however extensively, by another trader as a mark for
similar
Delhi High Court
permitted by a trade mark
registration.
Mr. Ganesh has also submitted that on a true
interpretation and proper construction ... registered trade mark is not a defensive registration and
the brand name of the goods under registration
Supreme Court of India
PLAINTIFFS' TRADE MARK: DEFENDANT' TRADE MARK'
Plaintiff's mark 'MERONEM'. The Defendant's Mark is `MER
OMER'
19. The defendant ... deemed to be the date of
registration.
(2) On the registration of a trade mark, the Registrar shall issue
Delhi High Court
trade
mark Whirlpool in India as under :-
Registration Class Goods Date of No. Registration
____________________________________________________________________
_ 173,296 7 Clothes dryers. Washers ... that the first plaintiff was not
entitled to trade mark registration as it was not having any use in
India
Delhi High Court
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