Court : Intellectual Property Appellate Board IPAB
(circuit bench sitting at ahmedbad) order:- (235 of 2013) v. ravi, technical member application is for removal of registered trade metro under no.1354281 in class 16. the case of the applicant and the grounds for removal are briefly as follows:- 2. (i) the applicant and respondent both started the business of printing visiting cards as a partnership firm on 15th january, 1979 under the name m/s. metro card agency. there were later changes in the constitution of the firm but the business was carried on at the same premises. (ii) in july, 1992 to further expand their business both the present applicant and respondent started another firm m/s. metro card gallery at another premises. wide publicity in local newspapers such as gujrat samachar was given highlighting the expansion of m.g.road is also extended to cg road . invitation card mentioned the respondent who attended the inauguration as one of the well wishers. (iii) the applicant submits that both he and respondent were using the trade mark metro for their business as also trading style and art work since inception. therefore, the respondent is not the exclusive proprietor of the mark metro (iv) the applicant submits that the respondent surreptitiously obtained registration of the impugned mark by suppressing material facts before the registrar. thereafter the respondent issued a legal notice on 27th february, 2010 to the applicant objecting to the use of metro trade mark to which a suitable reply was sent. the respondent .....
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circuit sitting at delhi order(no.160/2012) v. ravi, technical member: 1. on 22nd july, 2008 the deputy registrar of trade marks refused two applications filed by american gem society laboratories llc giving rise to these appeals. the language used explaining the grounds of refusal is identical/similar. the appeals were also listed before us on the same day. we have heard the submissions of counsel one after the other. since the grounds of appeal and decision are similar we are disposing of these two appeals through a common order. the trade marks refused are detailed as under: (i) setting the highest standard for diamond grading under no.1365886 in class 42. (ii)the second application was american gem society laboratories filed by the above mentioned firm with the same name in respect of gemological services, namely, grading precious stones under no.1365887 also in class 42. both the marks were proposed to be used. the appellant is a premier diamond grading laboratory for cut diamond and provide complete grading analysis of colour, clarity and carat weight. the appellant are in this business since 1996 and claim to be the industry leader for diamond grading. the appellant are also the registered proprietor of the impugned trade mark in us, japan, canada, uae, benelux and several other countries. in india the application was made in june, 2005. it was duly examined and the examination report raised objection under section 9(1)(b) of the trade marks act, 1999 (in short act) on .....
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order (no.112 of 2012) prabha sridevan, chairman: 1. the applicant seeks the removal of the mark thaayar under no. 1328933 in respect of wet idly dosa flour, wet adai flour, wet rava dosai flour, wet products derived out of cereals and flour, dry idly in class 30. 2. there are cross suits filed between the parties and they are pending. according to the applicant, the applicants adoption of the trade mark thayar was prior to the respondent. the respondents adoption is fraudulent. 3. the applicant claims that they have acquired tremendous reputation and goodwill in respect of goods associated with their mark. the statement of case contains a list of their trade mark applications, the class of goods and the status of applicant. according to them even people going to north india buy thaayar products. the mark has been used for several years. one mr. m.k. ramanathan was carrying on the business of dairy and home links since 1927. he had applied for registration of the mark thayar dairy as early as 1987. the applicant entered into a lease agreement with mr. m.k. ramanathan and according to the applicant, the mark thaayar dairy has been continuously used. but the respondent is doing the business in the same premises, by winning one of the sons of shri m.k. ramanathan and have adopted the mark. the respondents are aware of the mark of the applicant. the mark is a clear modification of the applicants mark. with the addition of a, to thayar cannot make a big difference. anyway, the .....
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..... for two-and-half decades, this mark has been used by the appellant and no one else. .....
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(circuit bench sitting at kolkata) order(no.200/2010) s. usha, vice-chairman 1. both the applications have been filed for removal of the trade mark bapi and bapi capital registered under nos. 1283813 and 1512233 respectively in class 25 under the provisions of the trade marks act, 1999 (hereinafter referred to as the act). 2. the brief facts of the case are as follows: hindusthan textiles, a partnership firm was formed in the year 1968 by jagabandhu kundu and sanjit kumar kundu who were initially the partners of the said firm. they had adopted the trade mark bapi in relation to hosiery goods and had been using the same continuously and extensively and thus the trade mark had acquired good will and reputation among the public. subsequently one mr. ajit kumar kundu was introduced as a partner in the said firm under the deed of partnership and carried on business of manufacturing ganji socks and other hosiery products under the said trade mark bapi. the said firm had applied for registration of the trade mark bapi under no. 251299 dated 27.08.1968. on 01.04.1992 the partners of hindusthan textiles made changes in the terms of partnership deed. the said hindusthan textiles carried on a well established business of hosiery goods under the brand name bapi and the goodwill and reputation of the brand developed over the years by way of maintaining proper standard of its products for several decades which have now made the name bapi a household mark in respect of hosiery products and .....
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..... the assistant registrar had granted nearly a year and half for the appellant (opponent) to file their evidence. .....
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..... 1 to 3, especially, in the light of the terms in clauses 1 and 2 of the agreement and the last paragraph of the preliminary clauses of the said agreement. .....
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..... respondent has (1) failed to establish the date of dispatch of the bunch of papers to his counsel; 2) he has failed to make any verification with the counsel about the receipt of the same for more than one and a half years after the alleged dispatch; (3) merely assumed that the counsel might have received the papers and taken care of the proceedings; (4) totally failed to make any enquiry with the counsel for more ..... for one and a half years after the dispatch of the papers, if a party to the proceedings keeps quiet without verifying from his counsel with regard to the receipt of the records and the further developments in the matter, it is nothing but a .....
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..... the impugned trade mark for registration has been applied on 26.03.2002 claiming user since 03.08.2000 which is one and half years of use and hence the registration is in contravention of the provisions of section 12 of the act. 6. ..... the use therefore is for a period of one and a half year only by which the mark could not have acquired distinctiveness. .....
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..... esters, sulfonates of condensed naphthalene, addition products of ethylene oxide and fatty acid esters, salts of addition products of ethylene oxide and fatty acid esters, lignin derivatives, naphthalene formaldehyde condensates, sodium salt of isodecylsulfosuccinic acid half ester, polycarboxylates, sodium alkylbenzenesulfonates, sodium salts of sulfonated naphthalene, ammonium salts of sulfonated naphthalene, salts of polyacrylic acids, salts of phenolsulfonic acids and salts of naphthalene sulfonic acids. 4. .....
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