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WRIT OF PROHIBITION/CERTIORARI/MANDAMUS UNDER TRADE MARKS ACT, 1999 FOR MAINTAINING REGISTERED TRADEMARK ON THE REGISTER ON THE GROUND OF NON SERVICE/NON ISSUANCE OF NOTICE U/S. 25 (3) OF THE TRADE MARKS ACT,1999 AND RULE 64 THE TRADE MARKS RULE, 2002
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This is the precedent of the Writ of Prohibition/Certiorari/Mandamus Under Trade Marks Act, 1999 for maintaining Registered Trademark On The Register On The Ground Of Non Service/Non Issuance Of Notice U/S. 25 (3) Of The Trade Marks Act,1999 and Rule 64 The Trade Marks Rule, 2002. The Petitioner’s trademark is a registered trademark on the file of the trademarks registry. However, the trademark authority is threatening to remove the Petitioner’s trademark from the records of the registry of trademarks.
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SUIT FOR PASSING OFF THE TRADEMARK
The Plaintiff is a leading global provider of Computer Software and Online Services. The Defendant is attempting to use popular mark/trade mark of the Plaintiff for the similar services. This is the precedent of a suit restraining the Defendant from using the said mark and from passing of its services as of Plaintiffs are for consequential reliefs.
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WRIT OF CERTIORARI FOR QUASHING IMPUGNED NOTICES/ANALYSIS REPORTS UNDER FOOD SAFETY AND STANDARDS ACT, 2006
This is the precedent of the Writ of Certiorari for Quashing Impugned Notices/Analysis Reports Under Food Safety and Standards Act, 2006. Food, safety and standard authority of India has issued recall notices to the Petitioner for recall of the petitioner’s products from the market.
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WRIT PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE FOR QUASHING OF FIRST INFORMATION REPORT (BY CONSENT OF THE PARTIES)
This is the precedent of Writ petition for quashing of First Information Report (FIR) to the High Court by consent of the parties.
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WRIT PETITION (WRIT OF CERTIORARI AND MANDAMUS) TO BE FILED BEFORE THE HIGH COURT FOR CHALLENGING ACTION BY THE REGISTRAR OF COMPANIES (ROC) FOR DISQUALIFICATION THE PETITIONER AS DIRECTOR
The Petitioner is disqualified to act as the Director by the Registrar of Companies. The decision of the Registrar of Companies needs to be challenged. This is the precedent of Writ Petition (Writ of Certiorari and Mandamus) to be filed before the High Court for Challenging action by the Registrar of Companies (ROC) for disqualification the Petitioner as Director.
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SUIT FOR PASSING OF THE TRADEMARKED DESIGN
This is the precedent of suit/plaint for restraining the Defendant from infringing the Plaintiff’s registered trademark and restraining the Defendant from doing so and for consequential reliefs. The Plaintiff is the owner and proprietor of the registered trademark which consist of unique design. The Defendant is using the said design in infringement of Plaintiff’s registered trademark.
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WRIT OF PROHIBITION TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Prohibition to be filed before the Hon’ble High Court. The Writ Petition of Prohibition is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
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PUBLIC INTEREST LITIGATION – WRIT OF MANDAMUS ON ACCOUNT OF PUBLIC NUISANCE
The Respondent No. 2 is causing public nuisance to the public at large and particularly the residents of a locality. The Respondent No. 1, the Municipal Corporation being the government body, is not taking any steps to stop the public nuisance. This is the precedent of a Public Interest Litigation to be filed before the High Court seeking to restrain the Respondent No.2 from causing and continuing to cause such public nuisance and certain directions against the Respondent No. 1 to ensure that public nuisance is stopped.
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SUIT FOR PASSING OFF THE TITLE OF THE FILM (TRADE MARK)
The plaintiff is the owner and proprietor of the trademark being the title of the cinematographic film. The plaintiff’s application for registration of the trademark being the title of the film is pending. The defendant is attempting to make a film based on plaintiff’s title and pass off his film as the plaintiff’s film or remake of the plaintiff’s film or in any kind encashing the plaintiff’s goodwill. This is the suit for restraining the defended from doing so and for consequential reliefs.
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WRIT PETITION (CRIMINAL) BEFORE HIGH COURT AGAINST SESSION’S COURT ORDER REFUSING TO DE-FREEZE/UNFREEZE BANK ACCOUNT
The Magistrate's court and also Session's court has refused to de-freeze the Bank Account of the Accused. The remedy is to approach the Hon'ble High Court. This is the precedent of Writ Petition (Criminal) before the High Court against Session's court order refusing to de-freeze/unfreeze bank account.
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SUIT BASED ON PERSONALITY RIGHTS
The Plaintiff is a Celebrity having personality rights. The Defendant is wrongfully attempting to use Plaintiff’s name and other personality rights without the consent of the Plaintiff for commercial gain. This is a precedent of suit based on personality rights for an injunction and consequential reliefs.
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WRIT OF CERTIORARI AND MANDAMUS TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Mandamus and Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Mandamus and Writ of Certiorari is often issued by a superior court to the inferior court, public official, public body corporation tribunal and also government. This petition challenges the Order and demand notice issued by the Stamp Authorities.
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TRADEMARK APPLICATION FOR REGISTRATION OF DEVICE MARK BEFORE TRADEMARK REGISTRY
These are the precedents of the Application for registration of a Device Trade Mark along with the authorization form and affidavit in use of the Trade Mark to be submitted to the Trade Mark Registry along with prescribed fee. The affidavit is use normally is to be filed if the Applicant’s use of the Trade Mark is prior to the date of the Application.
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