Texmo industries pump division 1
Ramachandran and Shri R. The learned Judge held that the peace, amity and family harmony can be restored if the family arrangement is adhered to and respected and the family arrangement should not be disturbed as far a possible. In or aboutthe first applicant found that the respondents No.
Without any confusion in the trade, all the three firms were involved in manufacturing the distinct goods as agreed upon. In such a case, the assignment has to be enforced within six months. Sumeet Machines P Limited. Kumaravelu, the third respondent texmo industries pump division 1 representing the first applicant firm and the respondents No. As per the provisions of the Indian Partnership Act, partners use the mark on behalf of one another and all of them.
In accordance with the terms and conditions of the Deeds texmo industries pump division 1 Partnership and Retirement dated 24th May and in consideration of the party of the first part relinquishing all his rights and interest in the said firm and partnership Texmo Industries on account of retirement and in consideration of payment of Rs. The second applicant filed TM 24 on It is an admitted fact that right from the inception of the respondent Nos.
Texmo industries pump division 1 is a settled principle of law relating to trade mark that there can be only one mark, one source and one proprietor as held by the Supreme Court in the case of Power Control Appliances v. Aqua Sub Engineering with the retirement of Mrs. In fact, the learned Counsel wanted support his argument on the basis of Clause 16 of the three deeds of texmo industries pump division 1 and retirement which is as follows:. The respondents, on their own filed the application in form TM 24 for registering themselves as subsequent proprietors. Since the Registrar acted without jurisdiction, the rectification is sought for.
Consequent to this family arrangement, on Kumaravelu as Partners and this firm was to manufacture self priming pumps upto 1. The action of the applicant texmo industries pump division 1 filing these rectification applications is nothing but to harass the respondents and to deprive them of their right derived under the agreement. Clause 2 specifies that the consent given under Clause 1 is restricted to products described in Schedules I and II and the rights and title in the said trade marks other than the rights specified under the agreement, shall continue to be the property of first respondent.
Try out our Premium Member services: Damayanthi Ramachandran retired from the firm and partnership with effect from 1. Yet another pertinent fact to be remembered is in O. Either all the texmo industries pump division 1 must be permitted to use the trade mark giving regard to the family arrangement or all the three should be prohibited from using the trade mark by virtue of the provision under Section 24 of the Act, texmo industries pump division 1 no one is entitled to use the mark independently on the dissolution of the partnership subject to the terms and conditions of the partnership deeds, which came into existence on the same day, do not provide any term for the proprietorship of the said trade mark. Damayanthi Ramachandran retired from the firm and partnership with effect from 1.
Hence, the respondent Nos. It is mutually agreed that in the event of any breach or infringement of any of the clauses of this agreement by the party of the Second part, which term shall include her heirs, successors or assigns, or by the said firm "Texmo Industries", or by any partner s of any of the said firm texmo industries pump division 1 Industries", the texmo industries pump division 1 of the Second part shall be liable and shall indemnify the party of the First part or his heirs, successors, or assigns for all losses, costs, damages including liquidated damages. Tara and or his wife Homai Kumaravelu as partners with effect from 1. Kumaravelu as Partners and this firm was to manufacture self priming pumps upto 1. Under the agreement between Shri R.