Court : Intellectual Property Appellate Board IPAB
..... to be taken into consideration for the purpose of proving user of goods in class 07. the copies of certificates obtained from the sales tax, shop and commercial establishment and import and export authorities, do not prove the user of the mark but only prove the existence of respondent no.1 on and from the ..... or deception from any quarter whatsoever. the respondent no. 1 has led sufficient evidence by filing copies of certificates from sales tax department, under the shop and commercial establishment act and the office of the controller of exports and imports, besides the sales proceeds, expenses incurred on advertising, the orders placed on it and ..... and the same have been continuously and extensively used on a wide scale through out the country by it. the appellant is carrying on an old and established business as manufacturer and dealer in electric lamps, lighting, fittings accessories, kitchen appliances and kitchen wares and domestic appliances, etc. 3. according to the appellant .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... law of trade marks and passing off (6th edition) submitted that it is well settled that in an opposition proceeding the onus is ultimately upon the applicant to establish that he is entitled to registration of the trade mark applied for and where the objection to the application is based on the alleged use and reputation of the ..... and merchandise marks act, 1958 (corresponding section 12 of act). the adoption of the mark should be honest and the use thereof should have consistent use in a commercial sense. we have already noted that the appellant has not adduced any evidence to prove its proprietary right in the mark and user thereof. however, amongst the 25 ..... is a matter of common knowledge that the consumers are common and the trade channel is common as the fried or roasted namkeen dal packets are sold at the grocery shops also. another matter of common knowledge is that for the preparation of sweets, namkeens, poori, samosa, etc., in respect of which the respondent has the registered mark .....
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