Case: Ambica Chemical Products (Regd.), Eluru Vs Ambica Sugandhi Stores, Surat. Trademark Tribunal

Party Name:Ambica Chemical Products (Regd.), Eluru Vs Ambica Sugandhi Stores, Surat
Counsel:For Appellant: Mr. H.W. Kane, Advocate instructed by Mr. V. Balakrishan Trade Marks Agent and For Respondents: Mr. N.K. Naik, Advocate instructed by Mr. R.C. Mehta, Trade Marks Agent
Judges:P. N. Havanur, DRTM
Issue:Trade and Merchandise Marks Act, 1958 - Sections 9, 11(a), 12(1), 12(3), 18(1)
Judgement Date:December 02, 1986
Court:Trademark Tribunal
 
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Judgment:

P. N. Havanur, DRTM

  1. On 11th September, 1974, Amratlal Chunilal Saraiya and Chunilal Nathubhai Saraiya, trading as Sugandhi, 10/2341-43, Chowk Bazar, Main Road, Surat, Gujarat State (hereinafter referred to 'as the Applicants') made an application being application No. 299146 in class 3 for the registration of a trade mark consisting of a label containing as its features letters. "As" in a particular manner and the words Ambika Sugandhi in Gujarati characters in respect of perfumery, hair oils, dhoop Agarbattis Cosmetics (non-medicated) and substances for use as perfumers in the manufacture of agarbattis and dhoop. After due process and scrutiny of the application, after converting the application into one for registration in Part B and with the disclaimer of words "Ambika Sugandhi" the application was ordered to be advertised before acceptance in the Trade Marks Journal No. 725 dated 16.8.1979 at page 643. The mark is claimed to have been used since 1967.

  2. On 6th November, 1979, Alapati Ramchandrarao, Alapati Vekataveeranjaneya Gangadhara Lakshmanarao, Porla Veera Venkata Pothu Krishnarao Pasumarthi Koteeswararao. Alpati Vajra Ambica Prasad and Alapati Naga Venkata Satya Kama Manga, Rajeswarao (minor) represented by father and guardian Alapati Ramachandra Rao, trading in partnership as Ambica Chemical Product (Regd.) Anasuya Bhavan, Powerpet, Elura-534001, Andhra Pradesh, South India (hereinafter referred to 'as the Opponents") entered into opposition to the aforesaid application. In this opposition proceedings, the opponents relied upon two trade marks registered under No. 211251 and 211255 consisting of labels containing as essential features the words Ambica Javaji Bathi and Ambica Durbar Bathi respectively. The specification of goods was restricted in both these registered trade marks to States of Madras, Andhara Pradesh, Kerala and Orissa. Subsequently the opponents also relied on the mark comprising the label containing as its essential feature the words Ambica Heaven registered under No. 330048 in respect of agarbatiis without restriction of areas. This has been done by filing Interlocutory Petition on 28th November, 1981 which was allowed by the Tribunal. Pursuant to the same, consolidated notice of opposition was filed by the opponents but they did not file evidence of use by way of affidavits. The evidence filed by the opponents pertains to the first two-registered mark Nos. 211251 and 211255 restricting their use to areas i.e....

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