Case: D.D. Mehta & Co. Vs D.D. Sharma & Co.. Trademark Tribunal

CounselFor Appellant: Mr. V.H. Mehta, Advocate
JudgesA. K. Basu, DRTM.
IssueTrade and Merchandise Marks Act, 1958 - Sections 11(A), 56
Citation1986 (6) PTC 145 (Reg)
Judgement DateNovember 20, 1985
CourtTrademark Tribunal

Judgment:

A. K. Basu, DRTM.

  1. The proceeding relates to an application filed by one Anil Dinanath Mehta trading as D.D. Mehta and Co., of Jalandhar for removal of the Registered Trade Mark No. 357468 regarding sport articles including Hockey Sticks with the Trade Mark, "The Indian Maharadja" with an artistic device of a man standing in Class '28' and Pankaj D. Mehta and D. N. Mehta trading as D. D. Sharma and Company are the owners of the said Registered Trade Mark.

  2. The applicant in form TM-26 alongwith statement of case submits that applicant is engaged in the business of manufacturing and marketing Hockey Sticks for the last several years and as back as in the year 1971 applicant forming a partnership business adopted the Trade Mark "The Indian Maharadja" with an artistic device of a man for Hockey Sticks and since then the applicant has been using the said Trade Mark for his aforesaid goods.

  3. The applicant has stated in his statement of case that the present registered proprietor got their Trade Mark on the identical fashion for the self/same goods manufactured by the applicant and in that sense, the applicant is the person aggrieved within the meaning of Section '56' of the Trade and Merchandise Marks Act, 1958.

  4. The applicant submits that the Registered Trade Mark No. 357468 has been wrongly registered and entry thereof on the Register is without sufficient cause and also the same Trade Mark was registered on false claim regarding its proprietorship and thus registration was done through fraud.

  5. The applicant thus submits that he and his predecessors in business has extensively used the Trade Mark 'The Indian Maharadja' and as such the registration of the said Trade Mark by D.D. Sharma and Co., has been in contravention of Section 11 of the Trade and Merchandise Marks Act, 1958 and considering all the points stated above, the Tribunal should be pleased to remove the said Trade Mark from the Register standing in the name of D.D. Sharma and Co.,

  6. I find from the record that the Registered proprietor M/s D.D. Sharma and Co., has not come forward to contest the present application for Rectification although notice was duly sent to registered proprietor under registered post with copy of application for the rectification and naturally in the absence of the registered proprietor the present application for rectification is being heard and disposed of Ex-parte.

  7. Now as the present proceeding relates to rectification matter, in the...

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