Case: Charistine Hoden (India) Limited, Goa Vs Johnson and Johnson, New Jersey (USA). Trademark Tribunal
| Judges | K. C. Kailasam, ARTM |
| Issue | Civil Procedure Code - Section 10 |
| Citation | 1981 (1) PTC 201 |
| Judgement Date | September 19, 1980 |
| Court | Trademark Tribunal |
Judgment:
K. C. Kailasam, ARTM
This will dispose of an Interlocutory petition dated 20.6.1979 filed by Christine Hoden (India) Private Limited, Goa (hereinafter referred to as 'opponents')
The facts briefly, are that on 13th February, 1975, Johnson & Johnson, a Corporation organised and existing under the laws of the States of New Jersey, United States (hereinafter referred to as the applicant's) filed an application numbered 302887B in respect of a specification of goods, which after amendment reads as "Sanitary Napkins Sanitary Belts, Sanitary Tampons and Sanitary Panties" in Class 5. The application was advertised as accepted in Trade Marks Journal No. 639 dated 16th June, 1976.
A notice of opposition was filed by the aforesaid opponents. During the course of the filing of evidence by the respective parties, the opponents filed an Interlocutory Petition on 20.6.1979, praying that the above opposition No.BOM-2761 in respect of application No-302887B be ordered to be stayed. The opponents thereafter filed a request on form TM 16 on 23.10.1979, seeking to incorporate certain amendments to the said interlocutory petition.
The matter was drawn for hearing before me on 10.9.1980, when Shri Haniar of Crawford Bayley & Company appeared for the applicants and Shri Mohan Dewan, Advocate appeared for the opponents. The opponents' counsel submitted that proceedings for the rectification of the applicant's registered trade mark No. 263555B are pending before the Bombay High Court under Miscellaneous Petition No. 139 of 1972 and another appeal against the Registrar's decision on Application No. 272583 in also pending before the Bombay High Court under Miscellaneous Petition No. 435 of 1975. It was contended by the opponent's Counsel that the mark in the present application is substantially the same as the applicant's registered trade mark No.263555B consisting of the word "CAREFREE", which is the subject matter of the rectification proceedings before the Bombay High Court. It was therefore, submitted that since the matter in issue in the present opposition proceeding is directly and substantially in issue in the rectification proceedings before the Bombay High Court, the present opposition proceedings relating to application No. 302887B be stayed.
On the other hand, the counsel for the applicants emphasised that section 10 of the Civil Procedure Code under which the present stay is prayed for, is applicable only to suits instituted in Civil Court...
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