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Showing posts with label INTELLECTUAL PROPERTY APPELLATE BOARD. Show all posts
Showing posts with label INTELLECTUAL PROPERTY APPELLATE BOARD. Show all posts
Monday, February 20, 2017

The case of the applicant is that they are carrying on business in manufacture and sale of salt since the year 1976 in the name and style as “AKAR Enterprises”. The trade mark “AKAR” with a particular artistic work, 2 design and get up and fonts for marketing of salt adopted by the applicant and has become distinctive on the ground of long and continuous use and acquired reputation and goodwill. The applicant had obtained the registration of the trade mark “AKAR” under No.556425 and 556426 in class 30. =there is enormous delay of 10 years in filing their present application in spite of knowing very well that the first respondent is continuously using the impugned trade mark “AKASH” right from the year 1999 and even as per their admission to the effect that they came to know about it from 14/03/2009 but they have not raised their little finger to file the present application and to take any action. It is seen that even the Civil Suit was filed only in the year 2009 in OS No.4431/2009 on the file of Additional City Civil Court, Bengaluru and the present application is filed only after nine years. It is pertinent to note that both the applicant and first respondent are having their business place in Bengaluru and also in the same area at New Tharagupet and such being the position it is unimaginable to state that the applicant came to know the use of impugned trade mark only in the year 2009. Considering all these aspects we are of the firm view that the first respondent is entitled to invoke the provision under section 33 in respect of the effect of acquiescence though the learned counsel for the applicant took pain to contend the present facts would not make out the case of acquiescence. In view of the above said reasons we are unable to countenance such contention. In view of the aforesaid reasons the ORA/82/2014/TM/CH is hereby dismissed.

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INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex, Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai – 600 018  ORA/82/2014...
Friday, March 16, 2012

applicant is the proprietor of the trade mark CITI WEALTH ADVISORS/CITIGROUP WEALTH ADVISORS (Annexure ‘A’). The applicant came to know about the impugned trade mark through a search. They missed the advertisement of the impugned trade mark and therefore did not oppose the same. According to them “WEALTH ADVISORS” is descriptive and it would be against public interest to grant monopoly to a single trader to the word “WEALTH ADVISORS” involving services in Class 36 and it is also stated that the word “WEALTH ADVISORS” has become publici juris in respect of the services falling under Class 36. Therefore they sought for rectification. The evidence filed by them is at Annexure ‘A’. ‘A-16’ is an advertisement of the applicant which speaks of their online brokerage facility called “CITI WEALTH ADVISORS”. Exhibit ‘A-18’ is the dictionary meaning of wealth. Annexure ‘B-1” is “ASK Wealth Advisors”. Annexure ‘B-3’ is Wealth Advisors, Inc. Annexure ‘B-4’ is “Tamalpais Wealth Advisors” and so on.

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INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018 ORA/7/2010/TM/...

INTELLECTUAL PROPERTY APPELLATE BOARD-In these circumstances, the registrations in her name deserve to be removed. It appears that the division of property between the estranged couple is under consideration before the matrimonial Court, at that time the rights to the intellectual property in these trade marks may also be decided. The Civil Court has directed the Registrar of Trademarks to maintain a status quo, the respondent apprehended that blank papers signed by her may be misused by her husband Mr. Matang Sinh. That is to restrain the Registrar from effecting any change of name. But this status quo cannot stand in the way of our deciding these rectification applications which have been filed in accordance with law. 16. For all the aforesaid reasons, the rectification applications ORA/64/2009/TM/DEL and ORA/65/2009/TM/DEL are allowed with a direction to the Registrar of Trade Marks to remove the trade marks registered under Nos.1239523 and 1239515 in Class 41 and Class 38 respectively from the register of Trade Marks. All Miscellaneous Petitions are closed.

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INTELLECTUAL PROPERTY APPELLATE BOARD   Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018  * * * * * * *...