Hem Corporation Pvt. Ltd. & Orsbest payday loans v/s ITC Limited 2012 (52) PTC 600 (BOMBAY) dt. 4/11/2012]
HEADNOTE:
Trade Mark Act, 1999 Section 24 - Registration of Trade mark owned by Partnership Firm - certificate of registration issued in the name of firm or in the name of a person as Partner of the firm would deem to include the names of all the Partners. Trade Mark Act, 1999 Section 9 - Registration of Trade mark `Madhur' - Defence that mark was descriptive as madhur means `Sweet Fragrance' - Use of the word "Mangal Deep Madhur" as Trade Mark is not descriptive of the product - As long as registration of the mark exists in favour of the defendant, Plaintiff cannot claim injunction against Registered Proprietor.
HEADNOTE:
Trade Mark Act, 1999 Section 24 - Registration of Trade mark owned by Partnership Firm - certificate of registration issued in the name of firm or in the name of a person as Partner of the firm would deem to include the names of all the Partners. Trade Mark Act, 1999 Section 9 - Registration of Trade mark `Madhur' - Defence that mark was descriptive as madhur means `Sweet Fragrance' - Use of the word "Mangal Deep Madhur" as Trade Mark is not descriptive of the product - As long as registration of the mark exists in favour of the defendant, Plaintiff cannot claim injunction against Registered Proprietor.
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