Trademark Court March 2002 Judgments

Kalyanpuri Flour Mills Private Vs. Jugal Kishore Harbanslal

Court: Trademark

Reported in: (2002)(25)PTC694Reg

1. On 18th November, 1992 M/s. Kalyanpuri Flour Mills Private Limited, a company incorporated under the Indian Companies Act at 3-B, Berlie Street cross, Langford Town, Bangalore-560025 (hereinafter referred to as the Applicants) filed an application being Application No. 397696B to register a trade mark label containing the device of an elephant and the words APPU BRAND as its essential feature of the mark in respect of "Maida, sooji and atta being goods included in class 30. The said trade mark is stated to be proposed to be used on the date of application.The Registrar of Trade Marks raised a preliminary objection to the said application under Section 12(1) of the Act on the ground that the same is identical with jar deceptively similar to the registered trade marks and/or in prior pending applications in the records of the Register.But subsequently after hearing the Applicants attorney and clarifying that the impugned mark is different from the cited marks and on the Applicants co...