Case: Bata India Limited, Calcutta Vs Bata Industries, Delhi. Trademark Tribunal

Party Name:Bata India Limited, Calcutta Vs Bata Industries, Delhi
Counsel:For Appellant: Mr. N. Majumdar, Advocate
Judges:H. P. Shukla, SETM
Issue:Trade and Merchandise Marks Act, 1958 - Sections 9. 11(a), 12(3), 18(1), 18(4)
Judgement Date:November 13, 1985
Court:Trademark Tribunal

Judgment:

H. P. Shukla, SETM

  1. On 13th June, 1979, Bal Krishan Jindal, trading as Bata industries, 1/1236, Bara Bazar, Kashmere Gate, Delhi-6 (hereinafter referred to as,"the Applicant") made an application being No. 350337B for registration of a trade mark consisting of word 'Bata' in Class 11 in respect of a specification of goods which on subsequent amendment reads as, "Electric heating and cooking apparatus, electric lamps, coffee percolators (Electric), Brackets (Hanging), electric fans, electric heaters all being goods included in Class 11". The office had raised objection under Section 9 to the registration of the trade mark, but on filing evidence of distinctiveness the application was ordered to be advertised as accepted for registration and the same was advertised in Trade Marks Journal No. 810 dated 1.3.1983 at page 83.

  2. On 2nd May 1983, Bata India Limited, 30, Shakespears Sarani, Calcutta-700017, West Bengal (hereinafter referred to as, "The Opponents") lodged a Notice of Opposition, under Section 21 (1), to the registration of the aforesaid trade mark on the following grounds: -

  3. 'We carry on established business as manufacturers and sellers of Foot-wear, Socks, Hosiery, Machines etc.

  4. We are the proprietors of the Trade Mark ' Bata' and such mark is registered under No. 6574 dated 28th October, 1942 in respect of various kinds of footwear and other goods, in Class 25.

  5. We are also the proprietors of the Trade Mark 'BATA' in capital letters and such mark is registered under No. 277601 dated 7th January, 1972 in respect of footwear and other goods, in Class 25.

  6. We are also the proprietors of the Trade Mark 'BATA' in all major Indian languages, e.g. Hindi, Urdu, Bengali, Assamess, Tamil, Telegu, Gujrati etc. all dated 8th September, 1970 in respect of footwear and other goods in class 25.

  7. We are also the proprietors of the Trade Mark 'BATA' in respect of various other goods and registered under different numbers and dates.

  8. The aforesaid trade marks are all valid and subsisting.

  9. The mark sought to be registered in the above Application No. 350337B dated June 13, 1979 is 'BATA' which is identical with our registered trade mark 'BATA' both visually as well as phonetically and the use of the applicants' mark is likely to deceive and/or cause confusion and be prejudicial to the use of our said registered trade marks and accordingly the registration of the mark would be contrary to the provisions of Section 11(a) of the Act.

  10. We submit that the mark sought to be registered is not distinctive or capable of distinguishing the goods of the Applicants' and is contrary of section 9 of the Act.

  11. The applicants are not the proprietors of the mark applied for registration within the meaning of section 18(1) of the Act.

  12. The registration of the mark sought for in the name of the applicants will be contrary to Sections 9, 11 (a), 11 (e) and 18 (1) of the Trade and Merchandise Marks Act, 1958.

  13. The goodwill and reputation of our said registered mark 'BATA' is so vast and well-known throughout the length and breadth of the country where millions...

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