Trademark Court July 2002 Judgments

Rudi Roller Flour Mills (P) Ltd. Vs. Kewal Krishan Kumar

Court: Trademark

Reported in: (2002)(25)PTC555Reg

1. On 31st October, 1990 M/s Rudi Roller Flour Mills (P) Ltd., Oden Padaria Road, Mainpuri, (U.P.) filed an application for registration of a trade mark SHIV SHAKTI with the device of Trishool and Damroo in class 30 in respect of atta, maida, suzi. The application was numbered as TM-1 application No. 539247 in class 30 wherein the user of the impugned mark was claimed since 6th March, 1990. In due course the application was allowed to be advertised before acceptance and accordingly it was advertised in the Trade Marks Journal No. 1115 dated 16.11.1995 at its page 2412.2. On 20th December, 1995 Kewal Krishnan Kumar having his address at 112-A, Samay Pur, Delhi-110042 (hereinafter referred to as the opponent) gave a notice of his intention to oppose the registration of the trade mark advertised as aforesaid on the following grounds :- (1) That the opponent is well known and well established in the business of manufacturing and marketing inter alia of flour, gram flour, maida, sooji, bra...