Law: Trade Mark Act, 1940

Section: 10, 46, 24

(a) Trade Marks Act (V of 1940), Ss. 10 & 46 read with Trade Mark Rules, r. 23-Application made for registration of trade mark identical with or resembling trade mark already on register or amongst pending applications-Notice must be sent to all persons having either a registered trade mark or seeking registration of trade mark of such description- Mere advertisement of rival party's trade mark-Not enough. Implicit in rule 23 of the Trade Mark Rules is the principle that notice should be sent to all the persons or applicants who either have a registered trade mark or have sought registra tion of a trade mark, whenever an application is made for registration of a trade mark which is identical with, or resembles, a trade mark already on the register or amongst the pending applications. In fact, a notice under rule 23 was sent to P with regard to the trademark offered for registration by B. But no similar notice was sent to B that another party, that is, P had offered for registration a trade mark identical with, or resembling, the trade mark of B. It was argued that P's trade mark was advertised under the rules, and there fore, B should be deemed to have notice of the application made by P. It may be so, but notice should also have been sent to B as such notice was in fact sent to P when the Trade Marks Registry proceeded to consider the registration of the mark of P on an application which was later in time to that of B and without waiting for decision of the opposition of P in the proceedings pending on the application of B. (b) Trade Marks Act (V of 1940), Ss. 10 & 46 read with Trade Mark Ruler, r. 23-B's application for registration of trade mark pending and opposition filed in such proceedings by P not yet decided-Registration of trade mark of P without waiting for decision of objection-Procedure, held, irregular and caused prejudice to B. (c) Trade Marks Act (V of 1940), Ss. 10 & 46 read with Trade Mark Rules, r. 23-Objections filed to registration of trade mark-Proper procedure : to connect and hear together various ,applications anti objections. (d) Trade Marks Act (V of 1940), S. 24 -Trade mark, conclu siveness of registration…