Case: Chandan Electronics, New Delhi Vs Chandan Metal Products Pvt. Ltd., Pune. Trademark Tribunal
| Counsel | For Appellant: Mr. Mohan Dewan, Advocate |
| Judges | K. K. Sharma, ARTM |
| Issue | Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 18 |
| Citation | 1987 (7) PTC 134 (Reg) |
| Judgement Date | December 31, 1986 |
| Court | Trademark Tribunal |
Judgment:
K. K. Sharma, ARTM
On 1st January, 1981, Chandan Metal Products Pvt. Ltd. (hereinafter called the applicants) having place of business at 14, Mahatma Gandhi Road, Pune -- 411001, applied for registration of a trade mark consisting of word 'CHANDAN' per se in class 9 in respect of specification of goods which reads after amendment as "Electronically operated control panels and Switchboard included in class 9." The application was found open to objection under Section 9 of the Trade & Merchandise Marks Act, 1958 (hereinafter referred to as the Act). On applicants filing evidence, the application was ordered to be advertised before acceptance in part B. The Application was advertised as such in the Trade Mark Journal No. 850 at page 522.
On 12th Feb. 85, M/s. Chandan Electronics (hereinafter called the opponents) having place of business at 4378/1, Murari Lal Lane, 4-Ansari Road, Darya Ganj, New Delhi-110002 filed notice of opposition mainly on the following grounds: -
That opponents are owners and lawful proprietors of the trade mark "Chandan".
That opponents have so extensively used the said trade mark throughout India so as it has come to be exclusively identified & associated with the goods manufactured and merchandised by the opponents by purchasing public and traders.
That applicant's mark is identical and/or deceptively similar to the opponents' mark and is open to objection under Section 12(1) of the Act.
The applicant's marks is open to objection under sections 9, 11(a), 11(e) and 18(1) of the Act.
The applicants filed their counterstatement which consists of general denials and the following points were specifically raised: -
(a) That applicants adopted trade mark CHANDAN in 1960 and are using since then in respect of Furniture's of all kinds, Control pannels, Switchboards, metal cabinets.
(b) That they commenced manufacturing control panels & Switchboard under the House Marks CHANDAN in 1977.
(c) That the opponents who adopted trade mark CHANDAN, did so after the applicants' application was advertised in the Trade Mark Journal.
(d) The applicants are the registered proprietor of trade mark CHANDAN in classes 6, 16 & 28 under registration No. 329699, 329700, 3297101 & 2315658.
It was prayed that opposition be dismissed with exemplary costs:
The opponents did not file any evidence in support of opposition and relied on the contents of notice of opposition.
The applicants too did not file any evidence in reply but relied...
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