A bench of Justice Manish Piete on June २ June said that one of the two trademarks of Yamah’s WR and Honda WR -V can be considered a very negligence – people’s minds can be confused, as this event can be considered and the exceptional situation can be considered in this case. Oplication.
In its “secret” order, the authority, the authority, completely ignored Yamah’s international dignity claims while refusing to the application, and this factor internationally since 1990 1990.
Justice Piete said that the authority would have crossed the “detailed and well -known command”.
Yamah Hatsudoki Kaisha had shifted the High Court to refuse the company’s application for trademark registration.
The authority said that people were likely to be confused during Yamaha’s trademark, which was for which registration was supported and already a Simar trademark. Honda Motor Company Limited’s trademark cited – WR -V – is registered in the same category as a contradictory sign. Justice Pitale, in order, Yamah and Yamah, the two points ‘WR -V’ came to mind – it was unable to consider Yamaha’s decision.
It should be noted that the quoted Mark WR-D is registered in the same class 12, which includes motorcycles, the court said.
“Therefore, appealing to Section 2 (1) of the Trade Marx Act, it is stated that the defendant (the examiner of the registrar/trade marks) cannot be misinterpreted.”
Justice Piete said that Yamah has failed to show how this section cannot join this section, which is equally similar to a particular trademark, which is confused in the minds of the people.
The court noted that the authority of Yamaha’s connection depending on the Authority of Yamaha that he has been using ‘WR’ trademark internationally since 1990 1990.
“This may be a situation in favor of the petitioner (Yamah),” he said.
Justice Piete said that it is not an unknown event that the same or similar trademarks may exist on the register.
The court canceled the order approved by the examiners of the Registrar/Trade Marx, who refused to apply for Yamahasha for WR trademark.
In accordance with the provisions of the Trade Marx Act and subsequently, the authority directed the authority to advertise the petitioner’s application.
Under section 1 (2) of the Trade Marx Act, the authority may advertise the objectionable application from the people as per the application form.
The registrar protested in the court and again said that his trademark was not believed from WR-V and therefore there was a possibility of confusion among the people.
Yamahha claimed from his petition that his trademark ‘WR’ was in respect of his motorcycle and the trademark of Honda Motor Company Limited was in his context.
It states that the two exist at the same time on various international workplaces.
On August 19, 1990 1990, two -wheelers and three -wheeled products, parts and equipment, Haas were sold in 1999, 1999.
The company had planned to start its WR range motorcycles in India and so filed an application for the 2018 trademark registration.
It has been submitted to the court that has approved the order to reject your application mechanically without proper implementing the mind properly.
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