Trademark Court November 1978 Judgments

Shaw Wallace and Company Limited Vs. Ahuja Enterprises

Court: Trademark

1. On the 25th July, 1974, Mrs. Raju B. Ahuja, Mrs. Meena V. Ahuja, Mrs. Kanta S. Ahuja and Gopal K. Ahuja, trading as Ahuja Enterprises, c/o. Ahuja Bros., 4th Road, Hari Market, Khar, Bombay 52 (hereinafter referred to as "the Applicants") made an application, being Application No. 297926, to register a trade mark consisting of the words "OLD TRAVELLER" in class 33 in respect of a specification of goods which after an amendment reads as "Wines, spirits (beverages) and liquors (spirituous) and whisky". It was stated in the application that the mark was proposed to be used. After preliminary scrutiny, objection was taken in the Trade Marks Registry to the application on the ground that the mark conflicted with certain trade marks already occurring in its records. The applicants made their submissions and in due course the application was advertised before acceptance in Trade Marks Journal No.626 dated 1st July, 1979 at page 374.2. On 25th September, 1975, Shaw Wallace & Company, Li...