ZEE TELEFILMS LTD Vs. UNION OF INDIA
HIGH COURT OF DELHI
ZEE TELEFILMS LTD
UNION OF INDIA
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Pradeep Nandrajog, J. -
(1.) Learned counsel for the petitioner has drawn my attention to Rule 37 of the Trademarks Rules 2002. A perusal of Sub Rule 2 of Rule 37 shows, prima facie of course, that before the Registrar of Trademarks proceeds to advertise a mark registration whereof is sought, the Registrar is obliged to cause a research to be made amongst the registered trademarks as also pending applications for purposes of ascertaining whether there are on record, in respect of same goods or services or similar goods or services, any mark identical with or deceptively similar to the mark sought to be got registered.
(2.) Issue which would arise for consideration is whether language of Section 9 and Section 11 requires a similar exercise to be carried out for marks pertaining to different goods or services.
(3.) Grievance of the petitioner is that its trademark as also logo "Zee" has been recognized in various decisions as having acquired a distinct secondary meaning and would therefore be entitled to a protection in respect of goods which are yet to be marketed by the petitioner.;
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