Case: Chandan Metal Products Pvt. Ltd., Pune Vs Meena Agencies, Bombay. Trademark Tribunal
| Counsel | For Appellant: Mr. M.R. Nair with Mr. V.H. Nath, Advocates instructed by M/s R. K. Dewan and Co. and For Respondents: Mr. V.G. Nair, Advocate instructed by M/s M. P. Mirchandani, Adv. |
| Judges | K. K. Sharma, ARTM |
| Issue | Trade and Merchandise Marks Act, 1958 - Sections 9, 11(a), 11(b), 12(1), 12(3), 18(1) |
| Citation | 1989 (9) PTC 283 (Reg) |
| Judgement Date | August 30, 1989 |
| Court | Trademark Tribunal |
Judgment:
K. K. Sharma, ARTM
On 25th August 1978 Pravin P. Thakkar, Pragji N. Thakkar, Mahendra P. Dattain, and Haresh P. Datta in trading as M/s. Meena Agencies, 78, Khadilkar Road, C.P. Tank, Bombay-400 004 (hereinafter referred to as the applicants) filed an application being application No. 340097 in class 16 to register a composite label Trade Mark having letter 'M.A.' and word "MEENA" in ecliptical device in respect of specification of goods which reads as "visiting cards, invitation cards, greeting cards, wedding cards, inland letters, and airmail letter all included in C-16" In due course of time and on the applicants filing affidavits of use of the Trade Mark, the application was accepted for registration subject to disclaimer of letter 'C' and 'M/A and was accordingly advertised in Trade Marks Journal No. 788.
On 28th April, 1982 Chandan Metal Products Pvt. Ltd. having office at F-14 Cita Society, 10 Synagogue Street, Pune-411001 (hereinafter referred to as the Opponents) filed notice of opposition inter alia on the following ground: -
That the mark under the present application is neither adapted to distinguish nor capable of distinguishing the applicant goods.
That the opponents have been using the label consisting of the trade mark CHANDAN and the letters 'C' and 'M' represented within the ecliptical device in respect of their goods for over 2 decades.
The Mark applied for is identical to their said Trade Mark except that applicants have substituted the word MEENA and the letters 'M' & 'A' in place of their Trade Mark CHANDAN and letters C & M respectively. Even the style of letterings of the word 'MEENA' is identical to their Trade Mark CHANDAN'S lettering. The use of the applicants mark in respect of any goods is likely to cause confusion and deception as such the application is open to objection under Section 11(a), 11(b) and 11(e) of the Trade and Merchandise Marks Act, 1958.
That the Mark applied for is identical with deceptively similar to their following Regd. Trade Mark (a) 329700 dated 11-10-77 in class 16, (b) 266100B in Cl-10 (c) 261010B in Cl-20, (d) 231565B in cl-20, (e) 322912B and 322913 in Cl-29 and class 10 respectively and they are also proprietors of the registered copyright of ecliptical device. The particular of such registration has been given in the notice of opposition. As such, it was pleaded that application is open to objection under Section 12(1) of the Act. It was also alleged that applicants are not the proprietors of the Mark applied for. It was prayed that the notice of opposition be allowed and the registration of the application be refused and the cost of the proceeding may be awarded.
The applicants filed counter-statement which consists of general denials. It was however specifically pleaded that they adopted in or about the year 1964 honestly and bona fidely conceived the Trade Mark label consisting of and/or containing the word MEENA as an essential features in an oval shape desing in circled by another oval design and the letters M.A. taken from our trading style "MEENA AGENCIES" and that they have been using this Trade Mark since that date continuously, voluminously and extensively in respect...
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