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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 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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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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SUIT FOR INFRINGEMENT OF THE TRADEMARKED TITLE OF THE FILM
This is the precedent of suit/plaint restraining the Defendant from infringing the Plaintiff’s registered trademark and restraining the Defendant from releasing the cinematographic film with the said title and for consequential reliefs. The Plaintiff is the owner and proprietor of the registered trademark being the title of the cinematographic film. The defendant is attempting to make a film based on the plaintiff’s registered trademark title.
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WRIT OF HABEAS CORPUS TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Habeas Corpus, a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
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CRIMINAL WRIT PETITION OF MANDAMUS FOR TRANSFER OF INVESTIGATION FROM ONE OFFICER TO ANOTHER INVESTIGATING OFFICER
This is the precedent of Criminal Writ Petition of Mandamus For Transfer of Investigation From One Officer To Another Investigating Officer. The First Information Report (FIR) is registered. The party feels Investigating Officer is favouring someone.
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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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COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of Counter Statement (by the Applicant) to the Notice of Opposition filed under Trade Marks Act, 1999 opposing the registration of the Trade Mark advertised in Trade Journal.
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PUBLIC INTEREST LITIGATION – WRIT OF MANDAMUS TO BE FILED BEFORE THE HIGH COURT COMPELLING THE GOVERNMENT AUTHORITY TO TAKE MEASURES UNDER THE PRESCRIBED ACT AND RULES FRAMED THEREIN
This is the precedent of Public Interest Litigation/Writ Petition for compelling the Government Authority to take measures under the prescribed Act (i.e. The Environmental (Protection) Act, 1986) and rules famed thereunder.
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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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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 TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION) CHALLENGING THE ORDER OF QUASI JUDICIAL AUTHORITY
This is the precedent of Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Certiorari can be filed for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. This is the Writ Petition challenging the Order of deemed conveyance by quasi Judicial authority in respect of Freehold property.
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WRIT OF CERTIORARI AND MANDAMUS TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION) CHALLENGING THE ALLOTMENT OF THE TENDER
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 is the precedent where the allotment of public tender to lowest one is challenged.
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