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G. ARAVINTHAN (Legal Consultant / Solicitor)     27 June 2010

Trademark

One "X" company filed a trademark suit against me. I have filed before Intellectual Property Board that i am prior user and having documents to that effect.

I have also filed a detailed written statement in the suit. 

Case not listed before Intellectual Property Board. But District Judge has made the case in trial- special list.

Can the suit be stayed till the order from Intellectual Property Board?

citation if any?



Learning

 6 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 June 2010

FILE AN I.A IN DISTRICT  COURT TO STOP THE PROCEEDINGS IN THE INTERST OF JUSTICE UNTIL THE IPR BOARD DECISION. IF   IT GOT DISMISSED APPEAL TO H.C( UNDER Civil.Revision .Petition (PROVISION 227).

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 June 2010

Is i need to file application under section 124 of Trademark Act?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 June 2010

Trade and Merchandise Marks Act, 1958-Section 111-Trade Marks Act, 1999-Section 124-Passing off CAN BE INVOKED.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 June 2010

PLS SEE THE ATTACHED SC JUDGMENT-


Attached File : 7 7 trade mark case law sc nirma nima.pdf downloaded: 131 times
1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 June 2010

Thanks Reddy sir

Rajesh Hazra (Mediator Mediation Counsel)     05 December 2011

 Dear Janardhan Sir,

Can you please suggest me a judgement on prior user. I shall be grateful.

Thanks & Regards


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